1 Tex. Admin. Code § 358.205 - Alien Status for Treatment of an Emergency Medical Condition
(a) Title XIX of
the Social Security Act (42 U.S.C.
1396 et seq.) and
42 C.F.R.
440.255 require the state to provide Medicaid
for the treatment of an emergency medical condition to an alien who is
ineligible for regular Medicaid due to immigration status. The Texas Health and
Human Services Commission administers the program in Texas.
(b) To qualify for Medicaid for the treatment
of an emergency medical condition, an alien must:
(1) be:
(A)
a qualified alien as defined in
8
U.S.C. 1641 and not meet the requirements to
receive Medicaid as described in
8
U.S.C. 1612 and §
8
U.S.C. 1613; or
(B) an undocumented non-qualifying alien as
described in
8
U.S.C. 1611;
(2) be otherwise eligible for regular
Medicaid services; and
(3) require
treatment of an emergency medical condition as described in
42 C.F.R.
440.255.
(c) An undocumented non-qualifying alien
applying for Medicaid for the treatment of an emergency medical condition is
exempt from providing proof of alien status or providing a Social Security
number as described in
42 C.F.R.
435.406(b).
Notes
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