SECTION 370.70. Income Eligibility Check in 6th Month of Coverage

(a) CHIP households enrolled in a 12-month coverage period with income levels above 185% FPL will have the household income reviewed during the sixth month of coverage. The household remains eligible for coverage if the household income remains within income eligibility limits described in §370.44 of this title (relating to Income and Assets).

(b) CHIP households described in subsection (a) will be disenrolled if:

(1) the household income is determined to exceed the income eligibility limits described in §370.44 of this title;

(2) the household fails to provide requested income information within the timeframes set by HHSC; or

(3) the household otherwise fails to cooperate with HHSC in the review process.

(c) HHSC will not disenroll members from the program pursuant to this provision, until:

(1) HHSC has provided the family an opportunity to demonstrate that the family's income is within the income eligibility limits prescribed in this chapter;

(2) the family fails to demonstrate such eligibility within the timeframes set by HHSC; and.

(3) HHSC has provided the family 30 days notice prior to disenrollment.

Source Note: The provisions of this §370.70 adopted to be effective September 1, 2007, 32 TexReg 5359