447.51—Requirements and options.
(a)
The plan must provide that the Medicaid agency does not impose any enrollment fee, premium, or similar charge for any services available under the plan upon:
(1)
Categorically needy individuals, as defined in § 435.4 and § 436.3 of this subchapter, except for the following populations in accordance with sections 1916(c), (d), (g), and (i) of the Act:
(i)
A pregnant woman or an infant under one year of age described in subparagraph (A) or (B) of section 1902(l)(1) of the Act, who is receiving medical assistance on the basis of section 1902(a)(10)(A)(ii)(IX) of the Act and whose family income equals or exceeds 150 percent of the Federal poverty level (FPL) applicable to a family of the size involved;
(ii)
A qualified disabled and working individual described in section 1905(s) of the Act whose income exceeds 150 percent of the FPL;
(iii)
An individual provided medical assistance only under section 1902(a)(10)(A)(ii)(XV) or section 1902(a)(10)(A)(ii)(XVI) of the Act and the Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA); and
(iv)
A disabled child provided medical assistance under section 1902(a)(10)(A)(ii)(XIX) of the Act in accordance with the Family Opportunity Act; and
(2)
An Indian who either is eligible to receive or has received an item or service furnished by an Indian health care provider or through referral under contract health services.
(b)
The plan may impose an enrollment fee, premium, or similar charge on medically needy individuals, as defined in §§ 435.4 and 436.3 of this subchapter, for any services available under the plan.
(d)
The plan must provide that any charge imposed under paragraph (b) of this section is related to total gross family income as set forth under § 447.52.
[43 FR 45253, Sept. 29, 1978, as amended at 75 FR 30261, May 28, 2010]