Part I.
Texas Department of Human Services
Chapter 2.
Medically Needy Program
Subchapter A. Program Requirements
40 TAC §2.1006, §2.1010
The Texas Department of Human Services (DHS) adopts amendments
to §2.1006 and §2.1010, concerning requirements for application
and determining income eligibility, in its Medically Needy Program chapter.
Also in this issue of the
Texas Register
,
DHS is adopting similar policies in Chapter 4, Medicaid Programs--Children
and Pregnant Women.
The justification for the amendments is to comply with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, effective September 30, 1996.
The amendments will function by ensuring that DHS is in compliance with
federal requirements.
The amendments are adopted under the Human Resources Code, Title
2, Chapter 32, which provides the department with the authority to administer
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 amendments are adopted
in compliance with federal requirements effective September 30, 1996.
The amendments implement the Human Resources Code, §§32.001-32.042.
§2.1006.Requirements for Application.
(a)
(No change.)
(b)
Resources. Resource limits and types of countable and exempt
resources for MNP are the same as those outlined in the Texas Department of
Human Services' TANF rules in Chapter 3 of this title (relating to Income
Assistance Services) with the following exceptions:
(1)-(2)
(No change.)
(3)
an alien sponsor's (and spouse's) resources are only
counted for applicants admitted into the United States on or after December
19, 1997.
(c)-(g)
(No change.)
§2.1010.Determining Income Eligibility.
Income eligibility is determined using the Temporary Assistance for
Needy Families (TANF) eligibility requirements outlined in the TANF rules
with the following exceptions:
(1)
the types of countable and exempt income are the same as
those outlined in the TANF rules except TANF payments are countable income
for the Medically Needy program (MNP).
(2)
the medically needy needs allowance standard, which
is 133 1/3% of the highest TANF payment standard, is used to determine eligibility.
(3)
the TANF earned income disregard is not allowed as
a deduction for MNP.
(4)
(No change.)
(5)
lump sum payments that meet the TANF definition of
unearned income are counted as income in the first month that the change can
be effective.
(6)-(7)
(No change.)
(8)
alien sponsor's (and spouse's) income is only counted
for applicants admitted into the United States on or after December 19, 1997.
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 April
23, 1999.
TRD-9902412
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: September 30, 1996
For further information, please call: (512) 438-3765
Subchapter A. Eligibility Requirements
Chapter 4.
Medicaid Programs--Children and Pregnant Women