Individuals receiving home and community-based services.

The 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]