Part I.
Texas Department of Human Services
Chapter 15.
Medicaid Eligibility
The Texas Department of Human Services (DHS) adopts amendments to
§§15.100, 15.300, 15.305, 15.435, 15.441, 15.442, 15.451, 15.460,
and 15.503, concerning the Medicaid Eligibility rule chapter, without changes
to the proposed text published in the November 8, 1996, issue of the
The justification for the amendments is to clarify and streamline policy
regarding re- establishing eligibility after absence from the U.S.; term
insurance; out-of-state homesteads; income from self-employment; application
for all other benefits; and payments to victims of Nazi persecution. Changes
in rule language is consistent with federal directives.
The amendments will function by ensuring that DHS policy will track federal
policy and directives.
A comment was received from the Houston Welfare Rights Organization in
support of the adoption of the amendments to §15.305(k) and §15.460(b)(34).
Subchapter A. General Information
40 TAC §15.100
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the authority 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 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.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618584
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 1, 1997
Proposal publication date: November 8, 1996
For further information, please call: (512) 438-3765
40 TAC §15.300, §15.305
The amendments are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which provides the department with the authority
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 assistance funds.
The amendments implement 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.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618585
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 1, 1997
Proposal publication date: November 8, 1996
For further information, please call: (512) 438-3765
40 TAC §15.315, §15.316
The Texas Department of Human Services (DHS) adopts an amendment
to §15.315 and new §15.316, concerning basic program requirements,
in its Medicaid Eligibility chapter, without changes to the proposed text
published in the November 8, 1996, issue of the
Texas Register
(21 TexReg 10977).
The justification for the amendment is to ensure proper allocation of resources
to the neediest individuals by incorporating the nursing facility risk criteria
specified in the Resident Assessment Instrument- Home Care Assessment. The
justification for the new section is to include risk criteria regarding nursing
facility placement, functional deficits in the activities of daily living,
certain neurological diagnoses, urinary incontinence, recent falls, and significant
functional decline.
The amendment and new section will function by targeting individuals who
may be at risk for institutionalization, ensuring proper allocation of resources
to the neediest individuals.
No comments were received regarding the proposed sections.
The amendment and new section are proposed 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 and new section implement 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.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618589
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 1, 1997
Proposal publication date: November 8, 1996
For further information, please call: (512) 438-3765
40 TAC §§15.435, 15.441, 15.442
The amendments are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which provides the department with the authority
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 assistance funds.
The amendments implement 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.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618586
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 1, 1997
Proposal publication date: November 8, 1996
For further information, please call: (512) 438-3765
40 TAC §15.451, §15.460
The amendments are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which provides the department with the authority
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 assistance funds.
The amendments implement 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.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618587
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 1, 1997
Proposal publication date: November 8, 1996
For further information, please call: (512) 438-3765
40 TAC §15.503
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the authority 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 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.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618588
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 1, 1997
Proposal publication date: November 8, 1996
For further information, please call: (512) 438-3765
Subchapter S. Reimbursement Methodology for Nursing Facilities
Subchapter C. Texas Department of Human Services
Subchapter C. Basic Program Requirements
Subchapter D. Resources
Subchapter E. Income
Subchapter F. Budget and Payment Plans
Chapter 19.
Nursing Facility Requirements for Licensure and Medicaid Certification