40 TAC §15.503
The Texas Department of Human Services (DHS) adopts amendment §15.503
without changes to the proposed text published in the May 25, 2001 issue of
the
Texas Register
(26 TexReg 3696) and will
not be republished.
If a client or his responsible party refuses to provide information needed
to make an eligibility decision, DHS denies the application for benefits.
The justification for this amendment is to make an exception to this policy
in spousal cases when there is a possibility of abuse or neglect by the community
spouse so that the client is not disadvantaged. Medicaid eligibility field
staff requested this policy change following a case worked with the Adult
Protective Services Division of the Texas Department of Protective and Regulatory
Services.
The department received no comments regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department to administer public
and medical assistance programs and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 23, 2001.
TRD-200104251
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: September 1, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 438-3734