With respect to the services defined in § 440.70 of this subchapter, a State plan must provide that—

(a) Home health services include, as a minimum—

(1) Nursing services;

(2) Home health aide services; and

(3) Medical supplies, equipment, and appliances.

(b) The agency provides home health services to—

(1) Categorically needy beneficiaries age 21 or over;

(2) Categorically needy beneficiaries under age 21, if the plan provides skilled nursing facility services for them; individuals; and

(3) Medically needy beneficiaries to whom skilled nursing facility services are provided under the plan.

(c) The eligibility of a beneficiary to receive home health services does not depend on his need for or discharge from institutional care.

(d) The agency providing home health services meets the capitalization requirements included in § 489.28 of this chapter.

[43 FR 45229, Sept. 29, 1978, as amended at 45 FR 24889, Apr. 11, 1980; 63 FR 310, Jan. 5, 1998]