1 Tex. Admin. Code § 366.901 - Legal Basis
(a) Title XIX of the
Social Security Act (42 U.S.C.
1396 et seq.) and
42 C.F.R.
435.139 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 applicant must meet the eligibility
requirements in this subchapter and Subchapter K of this chapter (relating to
Modified Adjusted Gross Income Methodology).
(c) Nothing in these rules shall be construed
to violate the maintenance of eligibility requirements of §5001 of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5 )
and make eligibility standards, methodologies, or procedures under the Texas
State Plan for Medical Assistance (or any waiver under §1115 of the Social
Security Act (42 U.S.C.
1315)) more restrictive than the eligibility
standards, methodologies, or procedures, respectively, under such plan (or
waiver) that were in effect on July 1, 2008.
Notes
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