42 CFR § 436.217 - Individuals receiving home and community-based services.
---
identifier: "/us/cfr/t42/s436.217"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 436.217 - Individuals receiving home and community-based services."
title_number: 42
title_name: "Public Health"
section_number: "436.217"
section_name: "Individuals receiving home and community-based services."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "436"
part_name: "ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 1102 of the Social Security Act (42 U.S.C. 1302)."
regulatory_source: "43 FR 45218, Sept. 29, 1978, unless otherwise noted."
cfr_part: "436"
---
# 436.217 Individuals receiving home and community-based services.
The agency may provide Medicaid to any group or groups of individuals in the community who meet the following requirements:
(a) The group would be eligible for Medicaid if institutionalized.
(b) In the absence of home and community-based services under a waiver granted under part 441—
(1) Subpart G of this subchapter, the group would otherwise require the level of care furnished in a hospital, NF, or an ICF/IID; or
(2) Subpart H of this subchapter, the group would otherwise require the level of care furnished in a NF and are age 65 or older.
(c) The group receives the waivered services.
[57 FR 29155, June 30, 1992]