Section 435.217 - 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 an NF and are age 65 or older.(c) The group receives the waivered services.57 FR 29155, June 30, 1992