[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.93]



[Page 364]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

                  Subpart G_Refugee Medical Assistance

 

Sec.  400.93  Opportunity to apply for medical assistance.



    (a) A State must provide any individual wishing to do so an 

opportunity to apply for medical assistance and must determine the 

eligibility of each applicant.

    (b) In determining eligibility for medical assistance, the State 

agency must comply with regulations governing applications, 

determinations of eligibility, and furnishing Medicaid (including the 

opportunity for fair hearings) in the States and the District of 

Columbia under 42 CFR part 435, subpart J, and in Guam, Puerto Rico, and 

the Virgin Islands under 42 CFR part 436, subpart J, and 42 CFR part 

431, subpart E.

    (c) Notwithstanding any other provision of law, the State must 

notify promptly the agency (or local affiliate) which provided for the 

initial resettlement of a refugee whenever the refugee applies for 

medical assistance.

    (d) In providing notice to an applicant or recipient to indicate 

that assistance has been authorized or that it has been denied or 

terminated, the State must specify the program(s) to which the notice 

applies, clearly distinguishing between refugee medical assistance and 

Medicaid or the State Children's Health Insurance Program (SCHIP). For 

example, if a refugee applies for assistance, is determined ineligible 

for Medicaid or the State Children's Health Insurance Program (SCHIP) 

but eligible for refugee medical assistance, the notice must specify 

clearly the determinations with respect both to Medicaid or the State 

Children's Health Insurance Program (SCHIP) and to refugee medical 

assistance.



[54 FR 5480, Feb. 3, 1989, as amended at 65 FR 15449, Mar. 22, 2000]