Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 1.
PRESUMPTIVE MEDICAID ELIGIBILITY FOR PREGNANT WOMEN
The Texas Department of Human Services (DHS) adopts the repeal of §§1.1,
1.3, 1.5, 1.7, and 1.9, and adopts new §§1.1, 1.3, and 1.5 without
changes to the proposed text published in the May 23, 2003, issue of the
DHS undertook the repeals and new sections as part of its initiative to
review all agency rule chapters and to rewrite them in plain language format
to make them easier for the public to navigate and understand. As part of
the rewrite, DHS determined to rename Chapter 1 as "Presumptive Medicaid for
Pregnant Women Program" to more accurately reflect the content of the chapter.
DHS received no comments regarding adoption of the repeals and new sections.
Subchapter A. ELIGIBILITY REQUIREMENTS
40 TAC §§1.1, 1.3, 1.5, 1.7, 1.9
The repeals are adopted under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs, and under Government Code, §531.021, which provides the Texas
Health and Human Services Commission with the authority to administer federal
medical assistance funds.
The repeals affect the Human Resources Code, §§22.001 - 22.038
and §§32.001 - 32.053.
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, 2003.
TRD-200304451
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 12, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 438-3734
Subchapter A. ELIGIBILITY REQUIREMENTS
40 TAC §§1.1, 1.3, 1.5
The new sections are adopted under the Human Resources Code,
Chapters 22 and 32, which authorizes DHS to administer public and medical
assistance programs, and under Government Code, §531.021, which provides
the Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The new sections affect the Human Resources Code, §§22.001 -
22.038 and §§32.001 - 32.053.
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, 2003.
TRD-200304450
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 12, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 438-3734
The Texas Department of Human Services (DHS) adopts the repeal of §§3.601-3.604
and adopts new §§3.601-3.603, without changes to the proposed text
published in the May 23, 2003, issue of the
Texas
Register
(28 TexReg 4079).
Justification for new §3.602 is to comply with a clarification issued
by the United States (U.S.) Department of Justice concerning alien eligibility
for TANF. The clarification states that aliens are eligible for Temporary
Assistance for Needy Families (TANF) if they entered the U.S. prior to August
22, 1996, and remained continuously present in the U.S. until becoming qualified
aliens. This eligibility applies regardless of whether these individuals entered
the U.S. legally or possessed qualified status at the time of entry. A qualified
alien is defined as a refugee, asylee, Cuban/Haitian entrant, battered alien,
parolee, conditional entrant, legal permanent resident, or alien whose deportation
has been withdrawn. In addition, the repeals and new sections were undertaken
as part of a DHS project to rewrite agency rules in question- and-answer format
to make them easier for contractors and the public to use and understand.
DHS received no comments regarding adoption of the repeals and new sections.
Subchapter F. CITIZENSHIP
40 TAC §§3.601 - 3.604
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
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, 2003.
TRD-200304454
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 12, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.601 - 3.603
The new sections are adopted under the Human Resources Code,
Chapter 31, which authorizes DHS to administer financial assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081.
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, 2003.
TRD-200304455
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 12, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.604 - 3.607
The Texas Department of Human Services (DHS) adopts new §§3.604-3.607,
without changes to the proposed text published in the May 23, 2003, issue
of the
Texas Register
(28 TexReg 4080).
Justification for new §3.604 is to comply with 8 United States Code
1612(a), which was amended by the 2002 Farm Bill to partially restore Food
Stamp Program eligibility to qualified aliens in three different phases. The
first phase of this restoration, effective October 1, 2002, restored eligibility
to qualified aliens receiving disability benefits regardless of the date they
entered the United States (U.S). The second phase, effective April 1, 2003,
restored eligibility to applicants possessing qualified alien status for five
years. The third phase, effective October 1, 2003, restores eligibility to
qualified aliens under the age of 18, regardless of the date of entry into
the U.S. Section 3.604 ensures that DHS complies with federal law. In addition,
the new sections were undertaken as part of a DHS project to rewrite agency
rules in question-and- answer format to make them easier for contractors and
the public to use and understand.
DHS received no comments regarding adoption of the new sections.
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
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, 2003.
TRD-200304456
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 12, 2003
Proposal publication date: May 23, 2003
For further information, please call: (512) 438-3734
Chapter 1.
PRESUMPTIVE MEDICAID FOR PREGNANT WOMEN PROGRAM
Chapter 3.
TEXAS WORKS
Subchapter F. CITIZENSHIP REQUIREMENTS FOR THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) AND FOOD STAMP PROGRAMS
Chapter 50.
§1915(c) CONSOLIDATED WAIVER PROGRAM