Texas Human Resources Code

§ 32.024 — AUTHORITY AND SCOPE OF PROGRAM; ELIGIBILITY

HR § 32.024Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part C. ASSISTANCE PROGRAMS · Ch. 32. MEDICAL ASSISTANCE PROGRAM · Art. B. ADMINISTRATIVE PROVISIONS

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(a)The commission shall provide medical assistance to all persons who receive financial assistance from the state under Chapter 31 and to other related groups of persons if the provision of medical assistance to those persons is required by federal law and rules as a condition for obtaining federal matching funds for the support of the medical assistance program.

(b)The commission may provide medical assistance to other persons who are financially unable to meet the cost of medical services if federal matching funds are available for that purpose. The executive commissioner shall adopt rules governing the eligibility of those persons for the services.

(c)The executive commissioner shall establish standards governing the amount, duration, and scope of services provided under the medical assistance program. The standards may not be lower than the minimum standards required by federal law and rule as a condition for obtaining federal matching funds for support of the program. (c-1) The commission shall ensure that money spent for purposes of the demonstration project for women's health care services under former Section 32.0248 or a similar successor program is not used to perform or promote elective abortions, or to contract with entities that perform or promote elective abortions or affiliate with entities that perform or promote elective abortions.

(d)The executive commissioner may establish standards that increase the amount, duration, and scope of the services provided only if federal matching funds are available for the optional services and payments and if the executive commissioner determines that the increase is feasible and within the limits of appropriated funds. The executive commissioner may establish and maintain priorities for the provision of the optional medical services.

(e)The commission may not authorize the provision of any service to any person under the program unless federal matching funds are available to pay the cost of the service.

(f)The executive commissioner shall set the income eligibility cap for persons qualifying for nursing facility care at an amount that is not less than $1,104 and that does not exceed the highest income for which federal matching funds are payable. The executive commissioner shall set the cap at a higher amount than the minimum provided by this subsection if appropriations made by the legislature for a fiscal year will finance benefits at the higher cap for at least the same number of recipients of the benefits during that year as were served during the preceding fiscal year, as estimated by the commission. In setting an income eligibility cap under this subsection, the executive commissioner shall consider the cost of the adjustment required by Subsection (g).

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Legislative history

Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 22, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(57), eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1314 (H.B. 3235), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 16, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 442 (H.B. 52), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(50), eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 45, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 745 (S.B. 531), Sec. 2, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 858 (S.B. 2424), Sec. 1, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 35 (S.B. 874), Sec. 1, eff. May 9, 2011. Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.19(b), eff. September 28, 2011. Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 25, eff. November 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 6, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.080, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.081, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(36), eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 302 (S.B. 654), Sec. 3, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1015 (H.B. 1486), Sec. 2, eff. June 15, 2017. Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 12, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 370 (S.B. 672), Sec. 1, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 535 (S.B. 73), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 629 (H.B. 133), Sec. 3, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 966 (S.B. 1921), Sec. 2, eff. September 1, 2022. Acts 2023, 88th Leg., R.S., Ch. 316 (H.B. 1575), Sec. 4, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 335 (S.B. 14), Sec. 3, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 658 (H.B. 54), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(25), eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 996 (H.B. 12), Sec. 2, eff. June 18, 2023. Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 22.001(25), eff. September 1, 2025.