Texas Register, Volume 38, Number 4, Pages 331-442, January 25, 2013 Page: 366
331-442 p. ; 28 cm.View a full description of this periodical.
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This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 14,
2013.
TRD-201300071
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Effective date: February 3, 2013
Proposal publication date: October 26, 2012
For further information, please call: (512) 424-6900
CHAPTER 359. MEDICARE SAVINGS
PROGRAM
1 TAC 359.101, 359.103, 359.109
The Texas Health and Human Services Commission (HHSC)
adopts amendments to 359.101, concerning purpose and
scope; 359.103, concerning Qualified Medicare Beneficiary
Program; and 359.109, concerning Qualified Disabled and
Working Individual Program, without changes to the proposed
text as published in the October 26, 2012, issue of the Texas
Register (37 TexReg 8371) and will not be republished.
Background and Justification
Medicare savings programs are for people who receive Medicare
and need help paying for Medicare premiums, co-insurance, and
deductibles. If a person meets income and resource require-
ments of a Medicare savings program, Medicaid will help pay
for some Medicare costs. The four Medicare savings programs
administered by HHSC are the Qualifying Individual (QI) pro-
gram, the Specified Low-Income Medicare Beneficiary (SLMB)
program, the Qualified Medicare Beneficiary (QMB) program,
and the Qualified Disabled and Working Individual (QDWI) pro-
gram.
The amendment to 359.101 is adopted to correct the name of
the QI program, which appears in the rule currently as the "Qual-
ified"--rather than "Qualifying"--Individual Program.
The amendments to 359.103 and 359.109 are adopted to im-
plement the provisions of House Bill 3708, 82nd Legislature,
Regular Session, 2011. House Bill 3708, in part, amended the
Texas Human Resources Code by adding 32.02611, which pro-
hibits HHSC from considering assets or resources in prepaid tu-
ition programs and higher education savings plans when making
eligibility determinations for Medicaid programs.
In determining eligibility for the QMB program, HHSC previously
counted resources and income in prepaid tuition programs
and higher education savings plans (collectively called "tuition
savings programs" for purposes of this adoption) in compli-
ance with 42 U.S.C. 1396d(p). The amendment to 359.103
changes the policy for QMB eligibility determinations to comply
with 32.02611 of the Texas Human Resources Code, so that
funds used to establish a tuition savings program, or payments
made from or interest earned on a tuition savings program,
will be excluded from resources and income calculations in
determining financial eligibility for QMB.In determining eligibility for the QDWI program, HHSC previously
counted resources and income in tuition savings programs. The
amendment to 359.109 changes the policy for QDWI eligibility
determinations to comply with 32.02611 of the Texas Human
Resources Code, so that funds used to establish a tuition sav-
ings program, or payments made from or interest earned on a
tuition savings program, will be excluded from resources and in-
come calculations in determining financial eligibility for QDWI.
Similar policy changes will apply to the SLMB and QI programs.
Amendments to the eligibility rules for those programs were
not needed, however, because their eligibility requirements are
based on and cross-referenced to the QMB eligibility require-
ment in 359.103.
Notices of the adoption of related rules governing eligibility for
Medicaid for the elderly and people with disabilities, the Medicaid
Buy-In Program, and the Medicaid Buy-In for Children Program
appear elsewhere in this issue of the Texas Register.
Comments
HHSC received no comments regarding adoption of the amend-
ments, including at a public hearing in Austin on November 9,
2012.
Legal Authority
The amendments are adopted under Texas Government Code,
531.0055, which provides the Executive Commissioner of
HHSC with rulemaking authority; the Texas Human Resources
Code, 32.021, and Texas Government Code, 531.021, which
authorize HHSC to administer the federal medical assistance
(Medicaid) program in Texas; and the Texas Human Resources
Code, 32.02611, which prohibits HHSC from considering
assets or resources in prepaid tuition programs and higher ed-
ucation savings plans when determining eligibility for Medicaid
programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 14,
2013.
TRD-201300072
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Effective date: February 3, 2013
Proposal publication date: October 26, 2012
For further information, please call: (512) 424-6900
CHAPTER 360. MEDICAID BUY-IN
PROGRAM
1 TAC 360.113
The Texas Health and Human Services Commission (HHSC)
adopts an amendment to 360.113, concerning resources, with-
out changes to the proposed text as published in the October 26,
2012, issue of the Texas Register (37 TexReg 8373) and will not
be republished.
Background and Justification38 TexReg 366 January 25, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 4, Pages 331-442, January 25, 2013, periodical, January 25, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth290819/m1/34/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.