---
kind: "section"
citation: "45 C.F.R. § 400.104"
title: "45"
number: "400.104"
heading: "Continued coverage of recipients who receive increased earnings from employment."
url: "https://uscodex.org/cfr/45/400.104"
---

# §400.104. Continued coverage of recipients who receive increased earnings from employment.

- (a) If a refugee who is receiving refugee medical assistance receives earnings from employment, the earnings shall not affect the refugee's continued medical assistance eligibility.
- (b) If a refugee, who is receiving Medicaid and has been residing in the U.S. less than the time-eligibility period for refugee medical assistance, becomes ineligible for Medicaid because of earnings from employment, the refugee must be transferred to refugee medical assistance without an RMA eligibility determination.
- (c) Under paragraphs [(a)](#a) and [(b)](#b) of this section, a refugee shall continue to receive refugee medical assistance until he/she reaches the end of his or her time-eligibility period for refugee medical assistance, in accordance with [§ 400.100(b)](/cfr/45/400.100.md?p=b).
- (d) In cases where a refugee is covered by employer-provided health insurance, any payment of RMA for that individual must be reduced by the amount of the third party payment.

## Notes

### Amendments

[65 FR 15449, Mar. 22, 2000]

### Source

Source: 54 FR 5480, Feb. 3, 1989, unless otherwise noted.

### Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

### Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.

### Amendments

[65 FR 15449, Mar. 22, 2000]