TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 4. MEDICAID PROGRAMS--CHILDREN AND PREGNANT WOMEN

Subchapter A. ELIGIBILITY REQUIREMENTS

40 TAC §4.1006

The Texas Department of Human Services (DHS) adopts an amendment to §4.1006. The proposed amendment was published in the March 30, 2001 issue of the Texas Register (26 TexReg 2506). The amendment is adopted without changes and will not be republished.

The justification for the amendment is to make the CPW Medicaid resource policy consistent with Temporary Assistance for Needy Families (TANF) policy so that it is less restrictive than current resource policy for these programs. Changes in this amendment include: removal of the school attendance requirement for 18-year-olds that eliminates the barrier to Medicaid eligibility for early graduates, allowance of a resource limit of $3,000 for households that have an aged or disabled member, and the addition of an exception that would consider a jointly owned vehicle that is owned with an individual who is not applying for or receiving benefits as inaccessible if the individual is not willing to sell the vehicle.

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 authorize 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, §§31.001-31.0325, 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 June 1, 2001.

TRD-200103059

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: July 1, 2001

Proposal publication date: March 30, 2001

For further information, please call: (512) 438-3108