 |
Texas Administrative Code (Last Updated: March 27,2024) |
 |
TITLE 1. ADMINISTRATION |
|
|
PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION |
|
|
CHAPTER 358. MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIES |
| SUBCHAPTER A. GENERAL INFORMATION |
| § 358.101. Purpose and Scope |
| § 358.103. Definitions |
| § 358.105. General Medicaid Eligibility Requirements |
| § 358.107. Coverage Groups |
| SUBCHAPTER B. NONFINANCIAL REQUIREMENTS |
| § 358.201. Purpose and Scope |
| § 358.203. Citizenship and Qualified Alien Status |
| § 358.205. Alien Status for Treatment of an Emergency Medical Condition |
| § 358.207. Residence |
| § 358.209. Social Security Number |
| § 358.211. Aged, Blind, or Disabled |
| § 358.213. Resident of an Institution for Mental Diseases |
| § 358.215. Inmates of Public Institutions |
| § 358.217. Application for Other Benefits |
| § 358.219. Third-party Resources |
| SUBCHAPTER C. FINANCIAL REQUIREMENTS |
| DIVISION 1. INTRODUCTION |
| § 358.301. Purpose and Scope |
| DIVISION 2. RESOURCES |
| § 358.321. General Treatment of Resources |
| § 358.322. Conversion of Resources |
| § 358.323. Resource Limits |
| § 358.324. Deeming of Resources |
| § 358.325. Ownership Interest and Legal Right to Access a Resource |
| § 358.326. Unknown Assets |
| § 358.327. Transactions Involving Agents |
| § 358.331. General Exclusions from Resources |
| § 358.333. Treatment of Employment-and Retirement-Related Annuities |
| § 358.334. Treatment of a Nonemployment-Related Annuity with a Purchase or Transaction Date before February 8, 2006 |
| § 358.335. Treatment of Annuities with a Purchase or Transaction Date on or after February 8, 2006 |
| § 358.336. Treatment of Testamentary or Inter Vivos Trusts |
| § 358.337. Treatment of a Medicaid-qualifying Trust |
| § 358.338. Treatment of a Trust Established with Zebley v. Sullivan Settlement Funds |
| § 358.339. Treatment of Trusts on and after August 11, 1993 |
| § 358.345. Entrance Fees for Continuous Care Retirement Communities |
| § 358.346. Funds Held in Financial Institution Accounts |
| § 358.347. Nonliquid Resources |
| § 358.348. Exclusion of a Home |
| § 358.349. Exceptions to Treatment of Excess Real Property |
| § 358.350. Life Estates and Remainder Interest |
| § 358.351. Mineral Rights |
| § 358.352. Burial Spaces |
| § 358.353. Term and Burial Insurance |
| § 358.354. Automobiles |
| § 358.355. Qualified Long-Term Care Partnership Program Insurance Policies |
| § 358.356. Tuition Savings Programs |
| § 358.357. Achieving a Better Life Experience Program |
| § 358.358. School-Based Savings Program |
| § 358.371. Treatment of Other Resources |
| DIVISION 3. INCOME |
| § 358.381. General Treatment of Income |
| § 358.382. Variable Monthly Income |
| § 358.383. Deeming of Income |
| § 358.384. Temporary Absence |
| § 358.385. Cafeteria Plan Benefits |
| § 358.386. Reduction of Pension and Benefit Checks for Recoupment of Overpayments |
| § 358.387. Income Exclusions |
| § 358.388. Tuition Savings Programs |
| § 358.389. Achieving a Better Life Experience Program |
| § 358.390. School-Based Savings Program |
| § 358.391. Treatment of Other Income |
| DIVISION 4. TRANSFER OF ASSETS |
| § 358.401. Transfer of Assets on or after February 8, 2006 |
| § 358.402. Transfer of Assets before February 8, 2006 |
| DIVISION 5. SPOUSAL IMPOVERISHMENT |
| § 358.411. Purpose and Application |
| § 358.412. Definitions |
| § 358.413. Spousal Impoverishment Treatment of Income and Resources |
| § 358.414. Assessment of Resources to Determine a Spousal Protected Resource Amount |
| § 358.415. Calculation of the Spousal Protected Resource Amount |
| § 358.416. Initial Application and the Spousal Protected Resource Amount |
| § 358.417. Treatment of Resources of the Institutionalized Spouse after the Initial Eligibility Period |
| § 358.418. Refusal of a Community Spouse to Cooperate |
| § 358.419. Separation to Circumvent Medicaid Policy |
| § 358.420. Expanding the Spousal Protected Resource Amount |
| § 358.421. Treatment of Income for Eligibility and Co-payment |
| § 358.422. Notice and Fair Hearing |
| § 358.423. Transfer of Assets and Spousal Impoverishment |
| DIVISION 6. BUDGETING FOR ELIGIBILITY AND CO-PAYMENT |
| § 358.431. Definitions |
| § 358.432. Eligibility Budgets |
| § 358.433. Special Income Limit |
| § 358.434. Budget Types for a Noninstitutional Setting |
| § 358.435. Noninstitutional Eligibility Budgets |
| § 358.436. Budget Types for an Institutional Setting |
| § 358.437. Institutional Eligibility Budgets |
| § 358.438. Determination of Co-payment |
| § 358.439. Guardianship Fee |
| § 358.440. Dependent Allowance |
| § 358.441. Payroll Deductions |
| SUBCHAPTER D. APPLICATION AND ELIGIBILITY DETERMINATION |
| § 358.501. Purpose and Scope |
| § 358.505. Application Process Overview |
| § 358.510. Authorized Representative |
| § 358.515. Application Requirements |
| § 358.520. Date of Application |
| § 358.525. Previously Completed Application for Assistance |
| § 358.530. Eligibility Determination |
| § 358.535. Notice of Eligibility Determination |
| § 358.540. Medical Effective Date |
| § 358.545. Eligibility Redetermination |
| SUBCHAPTER E. RIGHTS AND RESPONSIBILITIES OF APPLICANTS AND RECIPIENTS |
| § 358.601. Rights |
| § 358.602. Disclosure of Official Records and Information |
| § 358.603. Release of Medical Information |
| § 358.604. Responsibility To Provide Information and Report Changes |
| § 358.605. Fraud Referral and Restitution |