(1) Individuals receiving SSI on the basis of the SSI income standard for institutionalized individuals are presumed to have met the nonfinancial requirements for medicaid eligibility.

(2) For individuals in medical institutions and intermediate care facilities who are ineligible for SSI because the SSI income standard for institutionalized individuals is lower than the SSI income standard for noninstitutionalized individuals, the nonfinancial requirements for medicaid under this subchapter, whether as categorically needy or medically needy, are the SSI nonfinancial requirements which are set forth in 20 CFR, Part 416, subparts H and I. These will be used to determine whether an individual is aged, blind, or disabled. 20 CFR, Part 416, subpart H, contains the SSI criteria for determining age, and 20 CFR, Part 416, subpart I, contains the SSI criteria for determining blindness and disability. The department hereby adopts and incorporates 20 CFR, Part 416, subparts H and I. A copy of these federal regulations may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Public Assistance Bureau, Cogswell Building, 1400 Broadway, P.O. Box 202952, Helena, MT 59620-2952.

(3) For individuals who were eligible for medicaid in December, 1973, as inpatients of medical institutions or residents of intermediate care facilities, the nonfinancial requirements for medicaid under this subchapter are the December, 1973 OAA, AB, APTD, or AABD nonfinancial requirements. A copy of the December, 1973 OAA, AB, APTD, and AABD nonfinancial requirements may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Public Assistance Bureau, Cogswell Building, 1400 Broadway, P.O. Box 202952, Helena, MT 59620-2952.