SECTION 366.1201. Purpose and Eligibility


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  • (a) The Texas Health and Human Services Commission (HHSC) provides medical assistance for a reasonable category of former foster care youth under the age of 21, in accordance with 42 U.S.C. §1396a(a)(10)(A)(ii)(I) and 42 C.F.R. §435.222, who had been placed inside or outside of Texas under the Interstate Compact on the Placement of Children (ICPC).

    (b) To be eligible for Medicaid under this subchapter, an applicant must:

    (1) be in foster care and in a placement under ICPC in accordance with Texas Family Code §162.102 when he or she leaves conservatorship of a State;

    (2) be 18 - 20 years of age (coverage continues through the month of his or her 21st birthday); and

    (3) not be covered by a health benefits plan offering adequate benefits, as HHSC defines adequate benefits.

    (c) Medicaid under this subchapter is subject to the same requirements as set forth in Subchapter J of this chapter (relating to Former Foster Care Children's Program), except for §366.1011 of that subchapter (relating to Eligible Group).

Source Note: The provisions of this §366.1201 adopted to be effective June 30, 2014, 39 TexReg 4953