45 CFR § 400.101 - Financial eligibility standards.

---
identifier: "/us/cfr/t45/s400.101"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 400.101 - Financial eligibility standards."
title_number: 45
title_name: "Public Welfare"
section_number: "400.101"
section_name: "Financial eligibility standards."
chapter_name: "OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "400"
part_name: "REFUGEE RESETTLEMENT PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9))."
regulatory_source: "45 FR 59323, Sept. 9, 1980, unless otherwise noted."
cfr_part: "400"
---


# 400.101 Financial eligibility standards.

In determining eligibility for refugee medical assistance, the State agency must use—

(a) In States with medically needy programs under 42 CFR part 435, subpart D:

(1) The State's medically needy financial eligibility standards established under 42 CFR part 435, subpart I, and as reflected in the State's approved title XIX State Medicaid plan; or

(2) A financial eligibility standard established at up to 200% of the national poverty level; and

(b) In States without a medically needy program:

(1) The State's AFDC payment standards and methodologies in effect as of July 16, 1996, including any modifications elected by the State under section 1931(b)(2) of the Social Security Act; or

(2) A financial eligibility standard established at up to 200% of the national poverty level.

[54 FR 5480, Feb. 3, 1989, as amended at 65 FR 15449, Mar. 22, 2000]