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 358.440 - Dependent Allowance
Universal Citation: 1 TX Admin Code ยง 358.440
Current through Reg. 49, No. 38; September 20, 2024
(a) In determining a person's co-payment, the Texas Health and Human Services Commission (HHSC) may deduct a dependent allowance from a person's total countable income.
(1) For a person with at least one dependent
relative at home, HHSC allows the individual Social Security Income (SSI)
federal benefit rate for each dependent relative and deducts the individual SSI
federal benefit rate from the dependent relative's countable income.
(2) For a person with a spouse and a least
one dependent relative at home, when spousal impoverishment provisions apply,
HHSC determines the dependent allowance in accordance with
RSA
1396r-5.
(b) The amount of the dependent allowance may be appealed based on undue hardship caused by financial duress as determined by HHSC, in accordance with HHSC's fair hearing rules in Chapter 357 of this title (relating to Hearings).
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