Title 42, The Public Health and WelfareRelease 119-110

§1396r–1b Presumptive Eligibility for Certain Breast or Cervical Cancer Patients

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XIX — GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS › § 1396r–1b

Last updated Sep 23, 2026|Official source

Summary

States may let people who look like they qualify for Medicaid because of breast or cervical cancer get short-term, temporary Medicaid while their full application is decided. That temporary coverage begins when an approved organization, called a "qualified entity," decides from basic information that the person meets the cancer-related criteria. It ends when the state makes a final eligibility decision or, if the person does not file a full application, on the last day of the month after the month the quick decision was made. A qualified entity is a group that can receive Medicaid payments and that the state agency says can make these quick decisions. The federal government can limit which groups qualify, and states can set further limits too. The state must give qualified entities the application forms and information to help people fill them out. When a qualified entity finds someone presumptively eligible, it must notify the state agency within 5 working days and tell the person they must file a full Medicaid application by the last day of the month after the month the quick decision was made. The person must meet that deadline. Care given during this temporary period by providers who can be paid under the state plan and that is covered by the plan will count as Medicaid for federal payment purposes.

Full Legal Text

Title 42, §1396r–1b

The Public Health and Welfare, Source: USLM XML via OLRC

(a)State option
A State plan approved under section 1396a of this title may provide for making medical assistance available to an individual described in section 1396a(aa) of this title (relating to certain breast or cervical cancer patients) during a presumptive eligibility period.
(b)Definitions
For purposes of this section: (1) Presumptive eligibility period
(2)Qualified entity
(A)In general
Subject to subparagraph (B), the term “qualified entity” means any entity that—
(i)is eligible for payments under a State plan approved under this subchapter; and
(ii)is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A).
(B)Regulations
The Secretary may issue regulations further limiting those entities that may become qualified entities in order to prevent fraud and abuse and for other reasons.
(C)Rule of construction
Nothing in this paragraph shall be construed as preventing a State from limiting the classes of entities that may become qualified entities, consistent with any limitations imposed under subparagraph (B).
(c)Administration
(1)In general
The State agency shall provide qualified entities with—
(A)such forms as are necessary for an application to be made by an individual described in subsection (a) for medical assistance under the State plan; and
(B)information on how to assist such individuals in completing and filing such forms.
(2)Notification requirements
A qualified entity that determines under subsection (b)(1)(A) that an individual described in subsection (a) is presumptively eligible for medical assistance under a State plan shall—
(A)notify the State agency of the determination within 5 working days after the date on which determination is made; and
(B)inform such individual at the time the determination is made that an application for medical assistance under the State plan is required to be made by not later than the last day of the month following the month during which the determination is made.
(3)Application for medical assistance
In the case of an individual described in subsection (a) who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the individual shall apply for medical assistance under such plan by not later than the last day of the month following the month during which the determination is made.
(d)Payment
Notwithstanding any other provision of this subchapter, medical assistance that—
(1)is furnished to an individual described in subsection (a)—
(A)during a presumptive eligibility period;
(B)by a entity that is eligible for payments under the State plan; and
(2)is included in the care and services covered by the State plan,
shall be treated as medical assistance provided by such plan for purposes of clause (4) of the first sentence of section 1396d(b) of this title.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to medical assistance for items and services furnished on or after Oct. 1, 2000, without regard to whether final

Regulations

to carry out such

Amendments

have been promulgated by such date, see section 2(d) of Pub. L. 106–354, set out as an

Effective Date

of 2000 Amendment note under section 1396a of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1396r–1b

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110