Title 42, The Public Health and WelfareRelease 119-110

§1396r–1c Presumptive Eligibility for Family Planning Services

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

Last updated Sep 23, 2026|Official source

Summary

States may allow people who seem to meet the income rules to get short-term, immediate family planning care while their full Medicaid eligibility is being decided. That care must be limited to family planning services and supplies, and the state can also allow medical diagnosis and treatment tied to family planning if given in a family planning setting. A “qualified entity” that the state approves and that can get Medicaid payments can decide, using basic information, that a person is presumptively eligible. The presumptive eligibility period starts the day that decision is made and ends when the state makes the final eligibility decision or, if the person does not file a full application, on the last day of the month after the month when the preliminary decision was made. The state must give these qualified entities the application forms and help them assist people in filing. When an entity finds someone presumptively eligible, it must tell the state within 5 working days and must tell the person they need to file a full Medicaid application by the deadline above. The person must apply by that deadline. Services given during the presumptive period by providers who can be paid under the state plan and that are covered by the plan will be treated as Medicaid services for payment purposes.

Full Legal Text

Title 42, §1396r–1c

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

(a)State option
State plan approved under section 1396a of this title may provide for making medical assistance available to an individual described in section 1396a(ii) of this title (relating to individuals who meet certain income eligibility standard) during a presumptive eligibility period. In the case of an individual described in section 1396a(ii) of this title, such medical assistance shall be limited to family planning services and supplies described in 1396d(a)(4)(C) of this title and, at the State’s option, medical diagnosis and treatment services that are provided in conjunction with a family planning service in a family planning setting.
(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)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 in order to prevent fraud and abuse.
(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 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 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 law, medical assistance that—
(1)is furnished to an individual described in subsection (a)—
(A)during a presumptive eligibility period; and
(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 effective Mar. 23, 2010, and applicable to items and services furnished on or after such date, see section 2303(d) of Pub. L. 111–148, set out as an Effective and Termination Dates of 2010 Amendment note under section 1396a of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1396r–1c

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110