Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 358 - MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIES
Subchapter C - FINANCIAL REQUIREMENTS
Division 6 - BUDGETING FOR ELIGIBILITY AND CO-PAYMENT
Section 358.438 - Determination of Co-Payment
Current through Reg. 49, No. 38; September 20, 2024
(a) After a person or couple in an institutional setting is determined eligible for a Medicaid-funded program for the elderly and people with disabilities, the Texas Health and Human Services Commission (HHSC) determines the person's or couple's co-payment in accordance with:
(b) To determine the co-payment for a person or couple in an institutional setting, HHSC follows RSA 435.725, RSA 435.726, and RSA 435.735, including the optional deduction for a home maintenance allowance for a person or couple described in RSA 435.725(d).
(c) To determine the co-payment for a person or couple receiving services under the Program of All-Inclusive Care for the Elderly (PACE) in a PACE setting, HHSC follows §1934(i) of the Social Security Act (RSA 1396u-4(i)).
(d) HHSC follows §1924(d) of the Social Security Act (RSA 1396r-5(d)), concerning the protection of income for the community spouse, to determine the minimum monthly maintenance needs allowance, and to determine an institutionalized spouse's co-payment.
