TITLE 25.HEALTH SERVICES

Part 1. TEXAS DEPARTMENT OF HEALTH

Chapter 14. COUNTY INDIGENT HEALTH CARE PROGRAM

The Texas Department of Health (department) adopts amendments to §§14.1, 14.101, 14.104, 14.105, 14.201, and 14.204 concerning the County Indigent Health Care Program (CIHCP). The sections are adopted without changes to the proposed text as published in the April 5, 2002 issue of the Texas Register (27 TexReg 2697) and will not be republished.

The rules comply with Health and Safety Code, Chapter 61, which requires that the standards and procedures used to determine eligibility must be consistent with the Temporary Assistance for Needy Families (TANF) and Medicaid standards and procedures.

To comply with state law, §14.1 clarifies the distribution of state assistance funds to eligible counties to increase access to the appropriate funding source of Medicaid. Also, minor clarifications were made which include a word change and a spelling correction.

The amendment to §14.101 is consistent with TANF and makes minor changes and clarifications regarding a complete application including the names of all other household members.

The amendments to §§14.104 and 14.105 are consistent with TANF. Specifically, the amendment to §14.104 adds wording regarding exemptions for cash gifts and contributions and overpayments for military pay, Unemployment Insurance Benefits (UIB), and Veterans' Association (V. A.) benefits and regarding deductions for costs related to producing income gained from illegal activities. The amendment to §14.105 includes wording changes regarding the exemption of income-producing property.

In §14.201, minor editorial changes have been adopted to improve the accuracy of required and optional services and their definitions.

The amendment to §14.204 increases access to the appropriate funding source of Medicaid, along with minor clarifications due to each county's judge signing a confidentiality agreement with the department in order to submit claims for Texas Medicaid or Vendor Drug Program reimbursement and shifts responsibility from the counties to the department for determining the Medicaid eligibility status of all eligible residents who are also SSI/SSDI appellants.

No comments were received regarding the proposal. A public hearing on the proposal was held at 10:00 a.m. on April 26, 2002, in the Public Hearing Room, Texas Department of Health, 12555 Riata Vista Circle, Austin, Texas to accept comments on the proposed rules. No comments were received.

Subchapter A. COUNTY PROGRAM ADMINISTRATION

25 TAC §14.1

The amendments are adopted under Health and Safety Code, Chapter 61 and Human Resources Code, Chapters 22 and 32. The department has rule making authority for CIHCP under Health and Safety Code Chapter 61.

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 17, 2002.

TRD-200203778

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: August 1, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 458-7236


Subchapter B. DETERMINING ELIGIBILITY

25 TAC §§14.101, 14.104, 14.105

The amendments are adopted under Health and Safety Code, Chapter 61 and Human Resources Code, Chapters 22 and 32. The department has rule making authority for CIHCP under Health and Safety Code Chapter 61.

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 17, 2002.

TRD-200203779

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: August 1, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 458-7236


Subchapter C. PROVIDING SERVICES

25 TAC §14.201, §14.204

The amendments are adopted under Health and Safety Code, Chapter 61 and Human Resources Code, Chapters 22 and 32. The department has rule making authority for CIHCP under Health and Safety Code Chapter 61.

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 17, 2002.

TRD-200203780

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: August 1, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 458-7236