45 CFR § 400.104 - Continued coverage of recipients who receive increased earnings from employment.

---
identifier: "/us/cfr/t45/s400.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 400.104 - Continued coverage of recipients who receive increased earnings from employment."
title_number: 45
title_name: "Public Welfare"
section_number: "400.104"
section_name: "Continued coverage of recipients who receive increased earnings from employment."
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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 400.104 Continued coverage of recipients who receive increased earnings from employment.

(a) If a refugee who is receiving refugee medical assistance receives earnings from employment, the earnings shall not affect the refugee's continued medical assistance eligibility.

(b) If a refugee, who is receiving Medicaid and has been residing in the U.S. less than the time-eligibility period for refugee medical assistance, becomes ineligible for Medicaid because of earnings from employment, the refugee must be transferred to refugee medical assistance without an RMA eligibility determination.

(c) Under paragraphs (a) and (b) of this section, a refugee shall continue to receive refugee medical assistance until he/she reaches the end of his or her time-eligibility period for refugee medical assistance, in accordance with § 400.100(b).

(d) In cases where a refugee is covered by employer-provided health insurance, any payment of RMA for that individual must be reduced by the amount of the third party payment.

[65 FR 15449, Mar. 22, 2000]