42 CFR § 435.540 - Definition of disability.

---
identifier: "/us/cfr/t42/s435.540"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 435.540 - Definition of disability."
title_number: 42
title_name: "Public Health"
section_number: "435.540"
section_name: "Definition of disability."
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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 435.540 Definition of disability.

(a) *Definition.* The agency must use the same definition of disability as used under SSI, except that—

(1) In determining the eligibility of individuals whose Medicaid eligibility is protected under §§ 435.130 through 435.134, the agency must use the definition of disability that was used under the Medicaid plan in December 1973; and

(2) The agency may use a more restrictive definition to determine eligibility under § 435.121, if the definition is no more restrictive than that used under the Medicaid plan on January 1, 1972.

(b) *State plan requirements.* The State plan must contain the definition of disability.