Texas Attorney General Opinion: M-20 Page: 3 of 8
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Hon. W. S. Heatly, page 3 (M-20)
"Is not at the time of receiving such aid
an inmate of any public or private home for the
aged, or any public or private institution of a
custodial, correctional, or curative character,
provided, however, that aid may be granted to
persons temporarily confined in private insti-
tutions for medical or surgical care."
Attorney General's Opinion No. 0-2527 (1940), further stated,
in connection with the foregoing statutory provision, that:
"We believe the foregoing provision un-
equivocally excludes persons otherwise eligible
to receive old age assistance, who are inmates
of such institutions as described in your letter,
whether such institution be public or private.
The state has made other provision for the support
and maintenance of its i nigent insane and by the
foregoing declaration the Legislature has expressly
manife sed its Intention that old age assistance
moneys should not be used for such purpose. ..
In view of the holding in Attorney General's Opinion
No. 0-2527 (1940) and the express language found in Section 20
of Article 695c and Section 3 of Article 6953, an individual
who is an inmate in a State mental hospital is ineligible, under
existing statutes, to receive either old age assistance pursuant
to Article 695c or medical assistance pursuant to Article 6953.
The proposed Medical Assistance Act of 1967, in the
form presented to this office, provides in Section 2 thereof
"It is the intent of the Legislature to
make statutory provision which will enable the
State of Texas to provide Medical Assistance on
behalf of needy individuals of this State and
to enable the State to obtain all benefits pro-
vided by the Federal Social Security Act as it
now reads or as it may hereafter be amended, or
by any other Federal Act now in effect or which
may hereafter be enacted within the limits of
funds available for such purposes. Whenever used
in this Act the term "Medical Assistance" shall
include all of the health care, services, assistance
and benefits authorzed or provided for in such
Federal legislation." Emphasis added)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-20, text, 1967; (texashistory.unt.edu/ark:/67531/metapth269239/m1/3/: accessed September 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.