SECTION 358.101. Purpose and Scope

(a) This chapter establishes the Medicaid eligibility criteria for Medicaid-funded programs for the elderly and people with disabilities (MEPD) in Texas, which provide medical assistance to eligible persons as described in this chapter and in:

(1) Title XVI of the Social Security Act (42 U.S.C. §§1382 et seq.);

(2) Title XIX of the Social Security Act (42 U.S.C. §§1396a et seq.);

(3) 20 CFR Part 416, Supplemental security income for the aged, blind, and disabled;

(4) 42 CFR Part 435, Eligibility in the States, District of Columbia, the Northern Mariana Islands, and American Samoa;

(5) 42 U.S.C. Chapter 7, Social Security; and

(6) the Texas State Plan for Medical Assistance (Medicaid).

(b) Any section of the United States Code of Federal Regulations cited in this chapter is adopted by reference as a part of the rule in which it is cited.

(c) Medicaid eligibility, as described in this chapter, is only one of the criteria used to determine eligibility for MEPD. Additional criteria, including functional and other assessments, are established by each program and are governed by the rules of that program.

(d) Nothing in these rules shall be construed to violate the maintenance of eligibility requirements of section 5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and make eligibility standards, methodologies, or procedures under the Texas State Plan for Medical Assistance (or any waiver under section 1115 of the Social Security Act (42 U.S.C. §1315)) more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) that were in effect on July 1, 2008.

Source Note: The provisions of this §358.101 adopted to be effective September 1, 2009, 34 TexReg 5497