Locating Medicaid Law

Sometimes finding Medicaid law is tough, but we hope to give you resources here.

Federal and state statutes, regulations and case law is available to subscribers of LEXIS and Westlaw.

The federal statute, which is Title XIX of the Social Security Act, is at 42 U.S.C. § 1396 et seq. (the “Medicaid Act”). The federal statutes are online at the Cornell Law School website. Access is free.

The federal regulations governing Medicaid eligibility are generally at 42 C.F.R. Part 435. Administrative provisions are in Part 431. They are also available at through the Cornell Law School website and in the E-CFR.

The State Medicaid Manual is online at the Centers for Medicare and Medicaid Services website. www.cms.hhs.gov. The homepage includes a link for “Regulations & Guidance.” On the “Regulations & Guidance” page, click on the link for “Manuals.” From there, access Publication 45 under the “Paper-Based Manuals” link. Chapter 3, which concerns Medicaid eligibility, is frequently referred to as “HCFA 64.”

Most appellate level decisions can be accessed for free at www.lexisone.com. The citation is necessary and a free registration is required. They are also available on Google Scholar and other free sources.

The specific Georgia rules are discussed infra in Chapter 12 of the Georgia Medicaid Book.

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