Section 436.217 - Individuals receiving home and community-based servicesThe agency may provide Medicaid to any group or groups of individuals in the community who meet the following requirements:
(a) The group would be eligible for Medicaid if institutionalized.(b) In the absence of home and community-based services under a waiver granted under part 441-(1) Subpart G of this subchapter, the group would otherwise require the level of care furnished in a hospital, NF, or an ICF/IID; or(2) Subpart H of this subchapter, the group would otherwise require the level of care furnished in a NF and are age 65 or older.(c) The group receives the waivered services.57 FR 29155, June 30, 1992