Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004 Page: 772
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(b) A recipient may have all HAP benefits modified, sus-
pended, or terminated for any of the following reasons:
(1) failure to maintain Texas residency or, upon demand,
furnish evidence of such using the criteria in 37.113 of this title;
(2) failure to provide income data as requested to determine
continued HAP eligibility;
(3) recipient is incarcerated in a city, county, state, or fed-
eral jail, or prison;
(4) recipient becomes a ward of the state;
(5) recipient makes a material misstatement or misrepre-
sentation on their application or any document required to support their
application;
(6) failure to continue premium payments on individual or
group insurance, prepaid medical plan, and health insurance plans un-
der the Social Security Act, Title XVIII, as amended, where such plans
provide benefits for the care and treatment of persons who have he-
mophilia and the person's eligibility for benefits under the plan(s) was
effective prior to eligibility for HAP, or provide a statement on the ap-
plication form outlining the reason(s) why such insurance cannot be
maintained; or
(7) failure to receive services through a participating
provider.
(c) When eligibility for HAP benefits is terminated for any of
the reasons outlined in subsection (b) of this section, an applicant shall
reapply for HAP benefits.
(d) A recipient whose benefits are modified, suspended, or ter-
minated may appeal the HAP decision under the procedure contained
in 1.51 - 1.55 of this title (relating to Fair Hearing Procedures).
37.113. Residency and Residency Documentation Requirements.
(a) The following conditions shall be met by an applicant and
maintained by a recipient to satisfy the residency requirements in this
section:
(1) physically reside within the state; and
(2) maintain a home or abode within the state.
(b) If the applicant is a legal dependent of, and residing with,
a resident (such as an adult child or spouse); or is a person under legal
guardianship, then the resident providing support or the legal guardian
of the applicant shall meet the requirements of subsection (a) of this
section.
(c) If the applicant is a parent residing with their adult child
who is a resident of Texas, residency may be determined through the
adult child. If the applicant is a parent being supported by their adult
child, whether or not the child is a resident of Texas, the residency
may be determined by the adult child providing the required documents
supporting the Texas residency of the parent. These provisions apply
even if no legal guardianship has been established.
(d) All documents submitted to establish the residency of an
applicant shall be in English or accompanied by an accurate English
translation, if required by the Hemophilia Assistance Program (HAP).
(e) An applicant, or person establishing residency for the ap-
plicant under subsections (b) and (c) of this section, who is currently a
Texas resident and has been currently approved to receive benefits from
Texas Medicaid, Temporary Assistance for Needy Families (TANF), or
Food Stamps, is not required to provide additional residency verifica-
tion.(f) An applicant, or person establishing residency for the ap-
plicant under subsections (b) and (c) of this section, may submit a copy
of any one of the following documents as evidence of residency. All
documents shall be in the applicant's name, or in the name of the person
establishing residency for the applicant, and provide some verification
of a Texas address or domicile:
(1) a valid Texas driver's license, or an identification card
issued by the Texas Department of Public Safety;
(2) a valid Texas voter's registration card, or a copy of a
validated (at the county clerk's office) application for a voter's regis-
tration card;
(3) a current Texas motor vehicle registration or automo-
bile license plate registration renewal form;
(4) a mortgage payment receipt from any of the three
months immediately preceding the date of the application;
(5) a rent payment receipt from any of the three months
immediately preceding the date of the application;
(6) a statement reflecting that the applicant is currently re-
ceiving rent-free housing. The statement must be signed by the individ-
ual providing the rent-free housing and must include the address and
phone number of the individual providing the rent-free housing;
(7) a utility payment receipt from any of the three months
immediately preceding the date of the application;
(8) a Texas property tax receipt for the most recently com-
pleted tax year;
(9) a payroll or retirement check dated within the three
months immediately preceding the date of the application;
(10) employment/unemployment records prepared within
the three months immediately preceding the date of the application;
(11) a statement from a financial institution issued within
the three months preceding the date of the application; or
(12) social security supplemental income or disability
income records, or social security retirement benefit records issued
within the three months immediately preceding the date of the
application.
(g) Applications submitted under subsections (b) and (c) of
this section shall also include evidence of the legal relationship between
the applicant and the resident, such as:
(1) a marriage license or declaration of non-ceremonial
marriage to document the marriage of the applicant and spouse;
(2) a birth certificate establishing the parent/child relation-
ship between the applicant and the resident;
(3) a final order naming the applicant's managing conser-
vator; or
(4) an income tax return showing name and relationship of
the applicant to the resident.
(h) Any difference between the name of the applicant and the
name on any document must be explained by additional documentation
(Example: marriage license, divorce decree, or adoption decree).
37.114. Applications and Eligibility Date.
Persons meeting the eligibility requirements set forth in 37.112(a)(1),
(2), (3), (5) and (6) of this title (relating to Recipient Requirements)
must make an application for benefits through the Hemophilia Assis-
tance Program (HAP).29 TexReg 772 January 30, 2004 Texas Register
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Texas. Secretary of State. Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004, periodical, January 30, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101101/m1/44/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.