Where the name comes from
Katie Beckett was a little girl in Cedar Rapids, Iowa. After viral encephalitis at five months old, she needed a ventilator and spent more than two years living in St. Luke's Methodist Hospital. Medicaid would pay for her care only while she stayed there, even though her doctors and her parents, Julie and Mark, wanted her home.
At a news conference on November 10, 1981, President Reagan described a girl whose hospital care cost Medicaid $6,000 a month, when care at home would cost $1,000 a month that her parents could not afford and Medicaid could not pay. Katie went home in time for Christmas. In 1982, Congress created the state option that CMS says grew out of her family's advocacy.
Source: Ronald Reagan Presidential Library: The President's News Conference, November 10, 1981; Minnesota Governor's Council on Developmental Disabilities: Katie Beckett (reprint of NPR, November 8, 2010); Medicaid.gov (CMS): Implementation Guide, Children under Age 19 with a Disability
What the law actually says
Section 134 of the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248, enacted September 3, 1982) added paragraph (e)(3) to section 1902 of the Social Security Act, under the heading "Medicaid coverage of home care for certain disabled children." It took effect October 1, 1982.
At the state's option, a child can be covered if the child:
- is 18 years of age or younger and qualifies as disabled under section 1614(a) of the Social Security Act (the SSI definition);
- requires the level of care provided in a hospital, nursing facility, or intermediate care facility, as determined by the state;
- can appropriately receive that care outside an institution;
- would cost Medicaid no more at home than in an appropriate institution; and
- would be eligible for Medicaid if living in a medical institution.
Source: GovInfo (U.S. Government Publishing Office): Public Law 97-248, 96 Stat. 324, Section 134; GovInfo: 42 U.S.C. 1396a (Social Security Act section 1902), paragraph (e)(3); eCFR: 42 CFR 435.225, Individuals under age 19 who would be eligible for Medicaid if they were in a medical institution
Why your income as a parent does not count
Normally, when a child lives with a parent, Medicaid counts the parent's income and resources as available to the child. That is called deeming. A person in an institution is generally treated as living alone, so nothing is deemed to them.
The TEFRA group is judged as if the child were in an institution. CMS explains that this means eligibility is evaluated without regard to a parent's income or resources, even when the parent lives with the child. For example, a state that uses its special income level compares only the child's income with that standard, which CMS says in most cases is 300% of the SSI federal benefit rate.
Source: Medicaid.gov (CMS): Implementation Guide, Children under Age 19 with a Disability