Except as limited in § 440.250—

1. (a) The plan must provide that the services available to any categorically needy beneficiary under the plan are not less in amount, duration, and scope than those services available to a medically needy beneficiary; and

2. (b) The plan must provide that the services available to any individual in the following groups are equal in amount, duration, and scope for all beneficiaries within the group:

   1. (1) The categorically needy.
   2. (2) A covered medically needy group.

[46 FR 47993, Sept. 30, 1981]