TITLE 1.ADMINISTRATION

Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 370. STATE CHILDREN'S HEALTH INSURANCE PROGRAM

The Health and Human Services Commission (HHSC or Commission) proposes to amend Chapter 370, State Children's Health Insurance Program, Subchapter A, Program Administration, §370.4, Definitions, and Subchapter B, Application Screening, Referral and Processing Eligibility Criteria, §370.44, Income.

Background and Justification

Currently §370.44 provides for an assets test for CHIP applicants with a gross monthly income greater than 150% of the federal poverty level (FPL). Section 62.101(b), Health and Safety Code, allows HHSC to establish standards regarding the amount and types of assets such families may have and still be eligible for CHIP. The proposed amendment defines the elements of the assets test to be implemented. The Commission has determined that the proposed assets test is necessary to enable HHSC to provide health care coverage to eligible families that are least able to afford it within the limits of appropriated funds.

Section-by-Section Summary

Chapter 370 provides a framework for the operation of the CHIP program. Section 370.4 defines certain terms contained in the chapter. The proposed amendment to §370.4 adds definitions of "countable liquid assets," "excess vehicle value," and "household," which are used in the assets test described in the proposed amendment to §370.44. The amendment also corrects the order of the defined terms.

Subchapter B sets forth the CHIP eligibility criteria. Section 370.44 describes income eligibility requirements, including the income levels at which an assets test will be imposed. Additional language is being proposed to further define the elements of the assets test. The proposed test permits a family making application to CHIP to own no more than $5,000 in combined countable liquid assets and excess vehicle value. Real property, such as a home, is not counted as an asset.

As defined in the proposed amendment to §370.4, a "countable liquid asset" means a resource that a CHIP applicant can readily convert to cash to meet an immediate need. Vehicles counted as an asset include operable and licensed cars, trucks, motorcycles, SUVs, vans, and motor homes (including campers and RVs). Vehicles that are not counted as assets include: trailers, mobile homes, boats, leased vehicles, and vehicles owned by a business.

Vehicles that meet certain conditions, e.g., vehicles that are used more than 50% of the time to produce income for a CHIP household, may be fully exempt from being counted as an asset. A CHIP applicant may claim only one such exemption for vehicles worth more than $15,000. The exemption will apply to all vehicles that are worth less than $15,000 and that meet one of the listed conditions. If the household does not have any fully exempt vehicles, the first $15,000 of the highest value vehicle will not count toward the assets limit. Similarly, the first $4,650 of all other countable vehicles will not count toward the assets limit. For example, if the household owns an $18,000 vehicle, only $3,000 will count toward the household's assets limit. If the household also owns a vehicle worth $8,000, only $3,350 will count toward the assets limit.

Fiscal Note

Tom Suehs, Deputy Executive Commissioner for Financial Services, has determined that during the first five years the proposed amendments are in effect there will be an estimated savings to the state for State Fiscal Year 2004 of $320,687.00 and for State Fiscal Years 2005 through 2008 an estimated savings to the state each year of $1,154,387.00. Implementation of the proposed amendments will not result in any fiscal implications for local governments.

Small and Micro-business Impact Analysis

Mr. Suehs has also determined that there will be no effect on small businesses or micro-businesses to comply with the amendments as proposed. This was determined by interpretation of the rule that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the amendments. There are no anticipated economic costs to persons who are required to comply with the amendments as proposed. There is no anticipated negative impact on local employment.

Public Benefit

Jason Cooke, Associate Commissioner for Medicaid and CHIP, has determined that for each year of the first five years the amendments are in effect, the public will benefit from adoption of the amendments. The anticipated public benefit, as a result of enforcing the amendments, will be to ensure that health coverage is only available to children whose families are least able to afford health coverage.

Regulatory Analysis

HHSC has determined that the proposed amendments are not a "major environmental rule," as defined by §2001.0225 of the Texas Government Code. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of a state or a sector of the state. The proposed amendments are not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Assessment

HHSC has determined that the proposed amendments do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under §2007.043, Government Code.

Public Comment

Written comments on the proposal may be submitted to Melissa Lewicki, Policy Analyst, Texas Health and Human Services Commission, 1100 W. 49th Street, MC-H310, Austin, Texas 78756-3199, within 30 days of publication of this proposal in the Texas Register .

Public Hearing

A public hearing is scheduled for Monday, March 15, 2004, 1:30 p.m. to 3:00 p.m. The hearing will be held at the Health and Human Services Commission, Public Hearing Room, Braker Center, Bldg H, 11029 Metric Blvd, Austin, Texas 78758.

Subchapter A. PROGRAM ADMINISTRATION

1 TAC §370.4

Statutory Authority

The amendments are proposed under authority granted to HHSC by Government Code, §531.033, which authorizes the Commissioner of HHSC to adopt rules necessary to implement HHSC's duties and the Texas Health and Safety Code, §62.051(d), which directs HHSC to adopt rules as necessary to implement the Children's Health Insurance Program.

The proposed amendments affect the Texas Health and Safety Code, Chapter 62, and the Texas Government Code, Chapter 531. No other statutes, articles, or codes are affected by the proposed amendments.

§370.4.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) "Administrative Contractor" means the entity that performs administrative services for the CHIP under contract with the Commission.

[ (2) "Entrant" means a person who is not a native born or naturalized citizen of the United States of America.]

(2) [ (3) ] "Applicant" means an individual who lives with the child and applies for health insurance coverage on behalf of the child. An applicant can only be:

(A) a child's custodial parent, whether natural or adoptive;

(B) a child's grandparent, relative or other adult who provides care for the child;

(C) an emancipated minor applying for himself/herself; or

(D) a child's step-parent.

(3) [ (4) ] "Application" means the standardized, written document issued by TexCare that an applicant must complete to apply for health care benefits or coverage through CHIP.

(4) [ (5) ] "Application completion date" means the calendar date a completed CHIP application is entered into the TexCare database.

(5) [ (6) ] "Budget Group" means the group of individuals who live in the home with the child for whom an application for health insurance is submitted and whose information is used to establish family size and calculate income. Individuals receiving Supplemental Security Income payments are not included in the Budget group. Budget group members include only:

(A) the child seeking health insurance benefits;

(B) the child's siblings who live with the child (biological, adopted, or step-siblings);

(C) the child's natural or adoptive parents; or

(D) the child's step-parent.

(6) [ (7) ] "Children's Health Insurance Program" or "CHIP" means the Texas State Children's Health Insurance Program established under Title XXI of the federal Social Security Act (42 U.S.C, §§1397aa, et seq.) and chapters 62 and 63, Health and Safety Code.

(7) "Children's Health Insurance Program Service Area" or "CSA" means one of the designated areas in the state that is served by one or more of the CHIP Health Plans or the CHIP Exclusive Provider Organization.

(8) "Commission" or "HHSC" means the Health and Human Services Commission.

(9) "Community-based Organization" or "CBO" means an organization that contracts with the Commission to provide outreach services to applicants for CHIP coverage.

(10) [ (9) ] "Completed application" means an application entered into the TexCare database that includes all information required under §370.23.

(11) [ (10) ] "Countable income" means any type of payment that is a regular and predictable gain or a benefit to a budget group that is not specifically exempted. Regular and predictable income is income received in one month that is either likely to be received in the next month and/or was received on a regular and predictable basis in past months. It does not include income that is not received on a regular and predictable basis in past months, or is received by the child or sibling member of the budget group who is enrolled in school.

(12) "Countable liquid assets" means resources that an applicant can readily convert to cash to meet immediate needs and whose values are used in calculating a child's eligibility for CHIP, including, but not limited to:

(A) cash on hand;

(B) cash in the bank;

(C) cash in a TANF (Temporary Assistance to Needy Families) Electronic Benefit Transfer account;

(D) the cash value of an Individual Development Account, Individual Retirement Account, Simplified Employee Pension plan, and Keogh retirement plan;

(E) cash value of prepaid burial and funeral plans;

(F) money remaining from the sale of a homestead; and

(G) accessible trust funds.

[ (11) "Children's Health Insurance Program Service Area" or "CSA" means one of the designated areas in the state that is served by one or more of the CHIP Health Plans or the CHIP Exclusive Provider Organization.]

[ (12) "Community-based Organization" or "CBO" means an organization that contracts with the Commission to provide outreach services to applicants for CHIP coverage.]

(13) "Enrollment" means the process by which a child determined to be eligible for CHIP is enrolled in a CHIP health plan serving the CHIP Service Area in which the child resides.

(14) "Entrant" means a person who is not a native born or naturalized citizen of the United States of America.

(15) "Excess vehicle value" means a vehicle's wholesale value minus any allowable exemption.

(16) [ (14) ] "Exempt income" means income received by the budget group that is not counted in determining income eligibility.

(17) [ (15) ] "FPL" means Federal Poverty Level Income Guidelines.

(18) "Gross budget group income" means monthly countable income before any payroll deductions.

(19) [ (16) ] "Health Plan" means a licensed health maintenance organization, indemnity carrier, or authorized exclusive provider organization that contracts with the Commission to provide health benefits coverage to CHIP members.

(20) "Household" means the budget group plus any SSI recipient who is

(A) the child's sibling who lives with the child (biological, adopted, or step-sibling);

(B) the child's natural or adoptive parent; or

(C) the child's step-parent.

(21) [ (17) ] "Income eligibility standard" means monthly gross budget group income at or below 200% of current (FPL). A child meets the CHIP income eligibility standard if the budget group's monthly gross income exceeds the income eligibility standard applied to the child in the Texas Medicaid Program and is at or below the 200% of FPL CHIP monthly income standard.

(22) [ (18) ] "Member" means a child enrolled in a CHIP Health Plan.

[ (19) "Gross budget group income" means monthly countable income before any payroll deductions.]

(23) [ (20) ] "Qualified Entrant" means an alien who applies for CHIP coverage and who, at the time of such application, satisfies the criteria established under 8 U.S.C. §1641(b).

(24) [ (21) ] "SSI" means Supplemental Security Income.

(25) [ (22) ] "State fiscal year" means the 12-month period beginning September 1 of each calendar year and ending August 31 of the following calendar year.

[ (23) "TexCare" means the name designated to publicly identify the operational entity that provides administrative services for the CHIP program.]

(26) [ (24) ] "TDHS" means the Texas Department of Human Services.

(27) "TexCare" means the name designated to publicly identify the operational entity that provides administrative services for the CHIP program.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 9, 2004.

TRD-200400809

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: March 21, 2004

For further information, please call: (512) 424-6576


Subchapter B. APPLICATION SCREENING, REFERRAL AND PROCESSING

4. ELIGIBILITY CRITERIA

1 TAC §370.44

The amendments are proposed under authority granted to HHSC by Government Code, §531.033, which authorizes the Commissioner of HHSC to adopt rules necessary to implement HHSC's duties and the Texas Health and Safety Code, §62.051(d), which directs HHSC to adopt rules as necessary to implement the Children's Health Insurance Program.

The proposed amendments affect the Texas Health and Safety Code, Chapter 62, and the Texas Government Code, Chapter 531. No other statutes, articles, or codes are affected by the proposed amendments.

§370.44.Income and Assets .

(a) - (d) (No change.)

(e) Gross Income Test.

(1) - (3) (No change.)

(4) Budget groups with a gross monthly income greater than 150% of FPL will be subject to an assets test conducted in accordance with subsection (i) of this section .

(f) - (h) (No change.)

(i) Assets test.

(1) In order to be eligible for CHIP, a budget group with a gross monthly income greater than 150% FPL must own $5,000.00 or less in countable liquid assets and excess vehicle value combined.

(2) Determination of countable liquid assets. Budget groups will provide a single value that represents the total value of their countable liquid assets.

(3) Determination of excess vehicle value.

(A) Vehicles whose value must be considered include: any operable, licensed automobile, truck, motorcycle, SUV, van, or motor home that is owned by a member of the budget group. Vehicles whose value is not considered in the determination of excess vehicle value include vehicles that are:

(i) leased;

(ii) owned by a business; or

(iii) trailers, mobile homes, boats, ATVs and tractors/farm equipment.

(B) Vehicle values will be taken from the Hearst Corporation National Auto Research Division Black Book . The vehicle value taken from the Black Book will be the lowest wholesale price in the average quality range listed for the make, model and year of vehicle provided by the budget group. If the Black Book has no listing for a particular vehicle, the value self-declared by the budget group will be used.

(C) Excess value is determined only for vehicles that are not fully exempt.

(4) Fully exempt vehicles.

(A) A vehicle is fully exempt from the determination of excess vehicle value if:

(i) the vehicle is used more than 50% of the time to produce income for the budget group. Examples of income producing vehicles are taxis, delivery vans, glazier's trucks, etc. A vehicle used simply to travel back and forth to a place of work is not exempt;

(ii) the vehicle is used by a self-employed person more than 50% of the time to carry equipment or employees to worksites;

(iii) the vehicle is the family's only home;

(iv) the vehicle is necessary to carry fuel or water; or

(v) the vehicle has been modified to provide transportation for a household member with a disability. Such modifications may include lifts, ramps, hand controls, etc.

(B) A budget group may claim an exemption under subparagraph (A) of this paragraph for only one vehicle worth $15,000.00 or more.

(C) A budget group may claim an exemption under subparagraph (A) of this paragraph for all vehicles worth less than $15,000.00.

(5) Other exemptions for vehicles. If a budget group has no fully exempt vehicle:

(A) the first $15,000.00 of the value of the budget group's highest valued countable vehicle is exempt. Any value over $15,000.00 is considered excess vehicle value and is counted towards the budget group's $5,000.00 assets limit; and

(B) the first $4,650.00 of the value of each additional vehicle owned by the budget group is exempt. The value in excess of $4,650.00 is considered excess vehicle value and is counted towards the budget group's $5,000.00 assets limit.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 9, 2004.

TRD-200400810

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: March 21, 2004

For further information, please call: (512) 424-6576