1. (a) Basis. This section implements section 1902(a)(10)(A)(i)(IX) of the Act.

2. (b) Eligibility. The agency must provide Medicaid to individuals who:

   1. (1) Are under age 26;
   2. (2) Are not eligible and enrolled for mandatory coverage under §§ 435.110 through 435.118 or §§ 435.120 through 435.145; and

   3. (3) Were in foster care under the responsibility of the State or a Tribe within the State and enrolled in Medicaid under the State's Medicaid State plan or under a section 1115 demonstration project upon attaining:

      1. (i) Age 18; or
      2. (ii) A higher age at which the State's or such Tribe's foster care assistance ends under title IV-E of the Act.

3. (c) Options. At the State option, the agency may provide Medicaid to individuals who meet the requirements at paragraphs (b)(1) and (2) of this section, were in foster care under the responsibility of the State or Tribe within the State upon attaining either age described in paragraph (b)(3)(i) or (ii) of this section, and were:

   1. (1) Enrolled in Medicaid under the State's Medicaid State plan or under a section 1115 demonstration project at some time during the period in foster care during which the individual attained such age; or

   2. (2) Placed by the State or Tribe in another State and, while in such placement, were enrolled in the other State's Medicaid State plan or under a section 1115 demonstration project:

      1. (i) Upon attaining either age described in paragraph (b)(3)(i) or (ii) of this section; or
      2. (ii) At state option, at some time during the period in foster care during which the individual attained such age.

[81 FR 86451, Nov. 30, 2016]