42 CFR § 436.845 - Medically needy resource eligibility.

---
identifier: "/us/cfr/t42/s436.845"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 436.845 - Medically needy resource eligibility."
title_number: 42
title_name: "Public Health"
section_number: "436.845"
section_name: "Medically needy resource eligibility."
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"
---


# 436.845 Medically needy resource eligibility.

To determine eligibility on the basis of resources for medically needy individuals, the agency must—

(a) Consider only the individual's resources and those that are considered available to him under the financial responsibility requirements for relatives under § 436.602;

(b) Consider only resources available during the period for which income is computed under § 436.831(a);

(c) Deduct the value of resources that would be deducted in determining eligibility under the State's plan for OAA, AFDC, AB, APTD, or AABD or under the State's less restrictive financial methodology specified in the State Medicaid plan in accordance with § 436.601. In determining the amount of an individual's resources for Medicaid eligibility, States must count amounts of resources that otherwise would not be counted under the conditional eligibility provisions of the AFDC program.

(d) Apply the resource standards established under § 436.840.

[43 FR 45218, Sept. 29, 1978, as amended at 46 FR 47992, Sept. 30, 1981; 58 FR 4938, Jan. 19, 1993]