Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM
Subchapter A - IN-HOME AND FAMILY SUPPORT PROGRAM
Section 278.5 - Income Eligibility
Current through Reg. 50, No. 13; March 28, 2025
(a) Applicants with household income at or below the Texas median income level are eligible without a copayment requirement.
(b) Applicants with income at or above 105% of the Texas median income level must contribute to the cost of services in the IH/FSP.
(c) SSI recipients who are determined to have a disability are categorically eligible and are exempt from the copayment requirement.
(d) Copayments are determined according to the State Median Income (SMI) for the federal fiscal year. A client whose income is at or below the SMI for his household size has no copayment. A client whose income is at or greater than 105% of the SMI will be assessed a copayment. The copayment begins at 10% of the cost of the items/services and increases in 10% increments until 100% of the cost of items/services is reached, at which point the client is ineligible. The copayment is assessed as follows:
(e) Applicants must provide to the caseworker all required documentation of earned or unearned income or both. This income is considered in determining financial eligibility. The following income is exempt from income eligibility calculation:
(f) An applicant 18 or older who lives with a spouse or relatives has the household income considered only if he was reported as a dependent on the personal income tax return form or if he filed a joint tax return with his spouse.
(g) An applicant who has earned income at or below the limits listed in IRS Publication 17 must sign a statement reporting the amount of earned income, unless he filed a personal income tax return claiming a refund for federal withholding. If he files this type of a tax return, he must present it to the caseworker as documentation of earned income.
(h) Upon request from the caseworker, the applicant or his responsible party must furnish the documentation or verification needed to determine eligibility within 10 days of the interview. If the applicant fails to provide the information requested, the caseworker notifies the applicant in writing, specifying the information that is needed and advising that failure to furnish the information could result in denial of the application. If the applicant has not furnished the information and is not making a good faith effort to obtain the information, the caseworker denies the application at the end of the 45-day application processing period.
(i) Consumers must notify the caseworker within 10 calendar days of a change in their circumstances that were considered in determining their eligibility or copayment amount.
