| This law tells us that Federal money
can not be used for persons in State Hospitals who are under the age of
65 and over the age of 22.
This is a common practice.
[Code of Federal Regulations]
[Title 42, Volume 3, Parts 430 to end]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR435.1008]
[Page 168-169]
TITLE 42--PUBLIC HEALTH
CHAPTER IV--HEALTH CARE FINANCING ADMINISTRATION,
DEPARTMENT OF HEALTH AND HUMAN SERVICES--(Continued)
PART 435--ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN
MARIANA ISLANDS, AND AMERICAN SAMOA-
Table of Contents
Subpart K--Federal Financial Participation
Sec. 435.1008 Institutionalized individuals.
(a) FFP is not available in expenditures for services provided to--
(1) Individuals who are inmates of public institutions as defined in
Sec. 435.1009; or
(b) [[Page 169]]
(2) Individuals under age 65 who are patients in an institution for
mental diseases unless they are under age 22 and are receiving inpatient
psychiatric services under Sec. 440.160 of this subchapter. (b) The
exclusion of FFP described in paragraph (a) of this section does not
apply during that part of the month in which the individual is
not an inmate of a public institution or a patient in an institution
for tuberculosis or mental diseases.
(c) An individual on conditional release or convalescent leave from
an institution for mental diseases is not considered to be a patient
in that institution. However, such an individual who is under age 22
and has been receiving inpatient psychiatric services under Sec. 440.160
of this subchapter is considered to be a patient in the institution
until he is unconditionally released or, if earlier, the date he reaches
age 22.
[43 FR 45204, Sept. 29, 1978, as amended at 50 FR 13199, Apr. 3, 1985;
50 FR 38811, Sept. 25, 1985]
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