SECTION 366.903. Application and Eligibility Requirements


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  • (a) To apply for Medicaid for the treatment of an emergency medical condition, a person completes an application for assistance and returns it to a Texas Health and Human Services Commission office or representative.

    (b) To qualify for Medicaid for treatment of an emergency medical condition, a person must:

    (1) be:

    (A) a qualified alien as defined in 8 U.S.C. §1641 who does not meet the requirements to receive Medicaid under the Texas State Plan for Medical Assistance, which is a document describing the Medicaid-funded services provided in Texas in accordance with §1902 of the Social Security Act (42 U.S.C. §1396a); or

    (B) an undocumented non-qualified alien as described in 8 U.S.C. §1611;

    (2) be otherwise eligible for regular Medicaid services; and

    (3) require treatment of an emergency medical condition as described in 42 CFR §440.255(c).

    (c) An undocumented non-qualified alien applying for Medicaid for the treatment of an emergency medical condition is exempt from providing proof of alien status or providing a Social Security number as described in 42 CFR §435.406(b).

Source Note: The provisions of this §366.903 adopted to be effective June 9, 2010, 35 TexReg 4661