Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 361 - MEDICAID BUY-IN FOR CHILDREN PROGRAM
Section 361.111 - Income
Universal Citation: 1 TX Admin Code ยง 361.111
Current through Reg. 49, No. 38; September 20, 2024
(a) To be eligible for MBIC, a child's family must have monthly countable income less than or equal to 150% of the Federal Poverty Level (FPL).
(b) Countable income means:
(1) earned income for purposes
of the Supplemental Security Income (SSI) program minus all applicable
exclusions and exemptions, as explained in
RSA
416.1110 - 416.1112; and
(2) unearned income for purposes of the SSI
program minus all applicable exclusions and exemptions, as explained in
RSA
416.1120 - 416.1124, except HHSC does not
count as income:
(A) in-kind support and
maintenance;
(B) payments made from
or interest earned on a tuition savings program under §
RSA
358.388 of this title (relating to Tuition
Savings Programs);
(C) payments
made from or interest earned on an Achieving a Better Life Experience (ABLE)
account under § 358.389 of this title (relating to Achieving a Better Life
Experience Program); and
(D)
income earned on a school-based savings program under § 358.390 of this
title (relating to School-Based Savings Program).
(c) To determine the family's monthly countable income, HHSC counts the income of the child applying for or receiving MBIC, the income of the child's parents living in the same household as the child, and the income of the child's ineligible siblings living in the same household as the child.
(1) For a
stepparent's income to count, the stepparent must be the current husband or
wife of a natural or adoptive parent living in the same household as the child
and the natural or adoptive parent.
(2) A sibling's income counts through the
month of the sibling's:
(A) 18th birthday;
or
(B) 22nd birthday, if the
sibling is, as determined by HHSC, regularly attending school, college, or job
training.
(3) HHSC
calculates the family's monthly countable income as follows:
(A) Total the following:
(i) Monthly countable income of the child
applying for or receiving MBIC.
(ii) Combined monthly countable income of the
child's parents.
(iii) Countable
monthly income of each of the child's ineligible siblings that is in excess of
150% of the FPL for a household of one, multiplied by 2, plus $85.
(B) Subtract $85 from the total
arrived at in subparagraph (A) of this paragraph.
(C) Divide the total arrived at in
subparagraph (B) of this paragraph by 2.
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