Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009 Page: 5,517
5445-5614 p. ; 28 cm.View a full description of this periodical.
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deductibles, or coinsurance. The new sections in Chapter 359
are adopted to place rules governing the Medicare Savings
Program (MSP) in their own chapter to give the program greater
visibility and to provide the public with easier access to the rules.
The repeals of former MSP rules in Chapter 358 are adopted
elsewhere in this issue of the Texas Register. There are no
substantive changes between the former MSP rules in Chapter
358 and the new MSP rules in Chapter 359.
Comments
HHSC received no comments regarding adoption of the new sec-
tions, including at a public hearing held in Austin on June 22,
2009.
Legal Authority
The new sections are adopted under Texas Government Code,
531.0055, which provides the Executive Commissioner of
HHSC with rulemaking authority; and 531.021, which au-
thorizes HHSC to administer the federal medical assistance
(Medicaid) program in Texas.
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 August 3, 2009.
TRD-200903263
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Effective date: September 1, 2009
Proposal publication date: May 22, 2009
For further information, please call: (512) 424-6900
* + +CHAPTER 360.
PROGRAMMEDICAID BUY-IN
1 TAC 360.101, 360.103, 360.105, 360.107, 360.109,
360.111, 360.113, 360.115, 360.117, 360.119
The Health and Human Services Commission (HHSC) adopts
new Chapter 360, Medicaid Buy-In Program, consisting of
360.101, 360.103, 360.105, 360.107, 360.109, 360.111,
360.113, 360.115, 360.117, and 360.119. New 360.107 is
adopted with changes to the proposed text as published in
the May 22, 2009, issue of the Texas Register (34 TexReg
3082). The text of the rule will be republished. New 360.101,
360.103, 360.105, 360.109, 360.111, 360.113, 360.115,
360.117, and 360.119 are adopted without changes to the
proposed text and will not be republished.
Background and Justification
Through the Medicaid Buy-In Program (MBI), HHSC provides
Medicaid benefits to working persons with disabilities, regard-
less of age, who apply for Medicaid and meet the MBI eligibility
criteria. The new sections in Chapter 360 are adopted to place
rules governing MBI in their own chapter to give the program
greater visibility and to provide the public with easier access to
the rules. The repeals of former MBI rules in Chapter 358 are
adopted elsewhere in this issue of the Texas Register.New 360.109 is adopted to replace specific requirements for an
MBI recipient to earn income with a requirement that the recipient
must prove that he or she is working and earning income.
New 360.117 is adopted to specify the calculations used to de-
termine the monthly earned income premiums for the MBI pro-
gram and to cap the upper premium limit (earned income premi-
ums plus unearned income premiums) at $500.
Comments
HHSC received no comments regarding adoption of the new sec-
tions, including at a public hearing held in Austin on June 22,
2009.
HHSC made a minor change to the text of 360.107 to more
appropriately state that a person must meet the Social Security
Administration's definition of disabled.
Legal Authority
The new sections are adopted under Texas Government Code,
531.0055, which provides the Executive Commissioner of
HHSC with rulemaking authority; 531.021, which authorizes
HHSC to administer the federal medical assistance (Medicaid)
program in Texas; and 531.02444, which authorizes HHSC
to administer a Medicaid Buy-In Program and to adopt rules to
govern it.
360.107. Disability.
To be eligible for MBI, a person must meet the definition of disabled as
defined by the Social Security Administration for purposes of the fed-
eral Supplemental Security Income program, as explained in 20 CFR
416.905 and 416.906, except the requirement that the person be un-
able to engage in any substantial gainful activity does not apply.
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 August 3, 2009.
TRD-200903264
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Effective date: September 1, 2009
Proposal publication date: May 22, 2009
For further information, please call: (512) 424-6900
TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
CHAPTER 3. COLONIA SELF-HELP CENTER
PROGRAM
10 TAC 3.1 - 3.18
The Texas Department of Housing and Community Affairs (the
Department) adopts the repeal of 10 TAC Chapter 3, 3.1 -
3.18, concerning the Colonia Self Help Center Program, without
changes to the proposed text as published in the June 5, 2009,
issue of the Texas Register (34 TexReg 3478) and will not be
republished.ADOPTED RULES August 14, 2009
34 TexReg 5517
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Texas. Secretary of State. Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009, periodical, August 14, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90865/m1/70/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.