42 CFR § 436.401 - General rules.

---
identifier: "/us/cfr/t42/s436.401"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 436.401 - General rules."
title_number: 42
title_name: "Public Health"
section_number: "436.401"
section_name: "General rules."
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"
---


# 436.401 General rules.

(a) The agency may not impose any eligibility requirement that is prohibited under title XIX.

(b) The agency must base any optional group covered under subparts B and C of this part on reasonable classifications that do not result in arbitrary or inequitable treatment of individuals and groups and are consistent with the objectives of title XIX.

(c) The agency must not use requirements for determining eligibility for optional coverage groups that are more restrictive than those used under the State plans for OAA, AFDC, AB, APTD, or AABD.