Texas Register, Volume 11, Number 83, Pages 4557-4604, November 4, 1986 Page: 4,580
4557-4604 p. ; 28 cm.View a full description of this periodical.
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Chapter 15. Medicaid
Eligibility
Subchapter FF. SSI Basic
Program Requirements
*40 TAC 15.3107
The Texas Department of Human Services
adopts an amendment to 15.3107, con-
cerning residence and citizenship, in its
Medicaid Eligibility chapter.
The amendment is necessary to comply
with federal requirements, effective July
3, 1986, Implementing a court decision
that expands the concept of residence in
the United States under color of law. Fed-
eral regulations require that, effective July
3, 1986, this expanded definition must be
considered applicable to Supplemental
Security Income (SSI)-related Medicaid
eligibility determinations. The amend-
ment deletes references to the former,
more restrictive definition and specifies
circumstances under which the new, fed-
erally mandated definition applies.
The amendment is adopted under the Hu-
man Resources Code, Title 2, Chapters 22
and 32, which authorizes the department
to administer public and medical assis-
tance programs. The amendment is
adopted effective July 3, 1986, to comply
with federal requirements.
115.3107. Residence and Citizenship.
(a)-(c) (No change.)
(d) Pehnanent residents under color
of law include individuals who entered the
United States before July 1948, and who
may be eligible for permanent residence at
the discretion of the attorney general. Per-
manent residents under color of law also in-
clude aliens who are living in the United
States indefinitely with the knowledge and
permission of the Immigration and Naturali-
zation Service (INS). This includes aliens
who have any of the following documents:
(1) INS Form I-94 bearing the
stamped legend "JRefugee-Conditional
Entry;"
(2) INS Form I-94 indicating that
the bearer has been paroled into the United
States;
(3) INS Form 1-220B;
(4) a letter from INS deferring
deportation indefinitely because of hu-
manitarian reasons;
(5) a letter from INS granting volun-
tary departure for an indefinite period;
(6) an order from an immigration
judge showing that deportation has been
withheld; or
(7) any other document showing
that INS is allowing the individual to remain
in the U.S. indefinitely.
(e) Continuous residence in the U.S.
from June 30, 1948, serves as satisfactory
proof that an individual is a resident under
color of law unless available information
negates this presumption.(f) The color-of-law provision does
not include:
(1) undocumented or illegal aliens
wose departure INS would enforce; and
(2) legal aliens who are neither im-
migrants nor permanent residents of the U.S.
These include, but are not limited to, tour-
ists, students, temporary employees, officials
of foreign governments or international or-
ganizations, and the families or servants of
these officials.
(g) The Immigration and Nationality
Act of 1952 provides that a child of
unknown parentage found in the U.S. while
under the age of five years is a citizen of the
U.S. unless it is shown, before the child at-
tains the age of 21, that he was not born in
the U.S.
(h) Recipients who are outside the
U.S. for an entire calendar month lose their
eligibility for all these months. Any individu-
al who has been outside the United States
for 30 consecutive days or more must again
live in the U.S. for at least 30 consecutive
days to re-establish eligibility for medical as-
sistance.
(i) In addition, to be eligible for Texas'
Title XIX Medical Assistance Program, the
individual must be a resident of the State of
Texas; that is, he must have establish a
place of residence in Texas and have no
present intentions of moving to another
state.
This agency hereby certifies that the rule
as adopted has been reviewed by legal
counsel and found tO be a valid exercise
of the agency's legal authority.
Issued in Austin, Texas, on October 29, 19686.
TRD-8610239 Marlin W. Johnston
Commissioner
Texas Department of
Human Services
Effective date. July 3, 1986
For further information, please call
(512) 450-3766.Subchapter CCC. Vendor
Payments in Title XIX Long-
Term Care Facilities
*40 TAC 15.5402
The Texas Department of Human Services
(TDHS) adopts the repeal of 15.5402,
without changes to the proposed text
published in the August 29, 1986, issue of
the Texas Register (11 TexReg 3826).
The repeal of 15.5402 is justified because
the section covers an assessment func-
tion that is no longer performed by Medi-
caid eligibility staff. The repeal will
function by deleting rule material that is
no longer applicable.
No comments were received regarding
adoption of the repeal.The repeal is adopted under the Human
Resources Code, Title 2, Chapters 22 and
32, which authorizes the department to
administer public and medical assistance
programs.
This agency hereby certifies that the rule
as adopted has been reviewed by legal
counsel and found to be a valid exercise
of the agency's legal authority.
Issued In Austin, Texas, on October 28, 1986.
TRD-8610218 Marlin W. Johnston
Commissioner
Texas Department of
Human Services
Effective date: November 20, 1986
Proposal publication date: August 29, 1986
For further Information, please call
(512) 450-3766.Subchapter GGG. Special
Procedures
*40 TAC 15.5802
The Texas Department of Human Services
adopts the repeal of 15.5802 and new
15.5802, without changes to the pro-
posed text published in the August 8,
1986, Issue of the Texas Register (11 Tbx-
Reg 3531).
The repeal and new section are justified
because they result in clearer and more
concise department rules.
The new section will function by specify-
ing that trust-fund account records are
monitored at least once a year and by
clarifying that the monitoring function is
not an audit function.
No comments were received regarding
adoption of the repeal and new section.
The repeal is adopted under the Human
Resources Code, Title 2, Chapters 22 and
32, which authorizes the department to
administer public and medical assistance
programs.
This agency hereby certifies that the rule
as adopted has been reviewed by legal
counsel and found to be a valid exercise
of the agency's legal authority.
issued In Austin, Texas, on October 28, 1986.
TRD-8610217 Marlin W. Johnston
Commissioner
Texas Department of
Human Services
Effective date: November 20, 1986
Proposal publication date: August 8, 1986
For further information, please call
(512) 450-3768.11 TexReg 4580 November 4, 1986
_ ___
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Texas. Secretary of State. Texas Register, Volume 11, Number 83, Pages 4557-4604, November 4, 1986, periodical, November 4, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243830/m1/24/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.