42 CFR § 435.340 - Protected medically needy coverage for blind and disabled individuals eligible in December 1973.

---
identifier: "/us/cfr/t42/s435.340"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 435.340 - Protected medically needy coverage for blind and disabled individuals eligible in December 1973."
title_number: 42
title_name: "Public Health"
section_number: "435.340"
section_name: "Protected medically needy coverage for blind and disabled individuals eligible in December 1973."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "435"
part_name: "ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302."
regulatory_source: "43 FR 45204, Sept. 29, 1978, unless otherwise noted."
cfr_part: "435"
---


# 435.340 Protected medically needy coverage for blind and disabled individuals eligible in December 1973.

If an agency provides Medicaid to the medically needy, it must cover individuals who—

(a) Where eligible as medically needy under the Medicaid plan in December 1973 on the basis of the blindness or disability criteria of the AB, APTD, or AABD plan;

(b) For each consecutive month after December 1973, continue to meet—

(1) Those blindness or disability criteria; and

(2) The eligibility requirements for the medically needy under the December 1973 Medicaid plan; and

(c) Meet the current requirements for eligibility as medically needy under the Medicaid plan except for blindness or disability criteria.

[46 FR 47987, Sept. 30, 1981]