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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 275CONSUMER MANAGED PERSONAL ATTENDANT SERVICES (CMPAS) PROGRAM
SUBCHAPTER EADDITIONAL PROGRAM REQUIREMENTS
RULE §275.201Determining an Individual's Co-payment

  (7) reimbursements from an insurance company for health insurance claims; and

  (8) grants, such as those made through the DADS In-Home and Family Support Program.

(j) A provider must calculate an individual's income deductions by adding:

  (1) the prorated monthly cost of tuition and books when enrolled in an accredited institution of higher education or skills training program;

  (2) $93 for the individual's spouse;

  (3) $93 for each dependent of the individual;

  (4) $93 for the individual;

  (5) funds the law requires be withheld, such as deductions for income taxes or to comply with the Federal Insurance Contributions Act (FICA);

  (6) amounts spent on disability-related equipment that cost more than $500, such as wheelchair-compatible vans, vehicle modifications, and power wheelchairs (not including transportation costs);

  (7) amounts dedicated to be spent on disability-related equipment that costs more than $500, such as wheelchair-compatible vans, vehicle modifications, and power wheelchairs (not including transportation costs), in accordance with the following requirements:

    (A) the individual must identify to the provider the equipment to be purchased and must submit to the provider a written estimate of the cost of the equipment including a dealer's estimate or an advertisement with a listed purchase price of comparable equipment;

    (B) the individual must open a dedicated account for the exclusive purpose of purchasing identified equipment;

    (C) the first $500 deposited does not reduce the monthly income;

    (D) the individual must provide an estimate of the amount deposited each month to the dedicated account, the date the deposit is made each month, and the estimated date of the purchase;

    (E) the individual must report each month to the provider the actual amount deposited in the dedicated account for that month and the accumulated total in the account;

    (F) based on the individual's report, the provider must make the corresponding deduction from the individual's monthly income and any interest earned on the dedicated account will not be included as income if the interest payments are eventually used to purchase the equipment;

    (G) the individual must report to the provider when any funds are withdrawn from the account for any purpose other than for the purchase of the equipment and the provider must include this amount as income for the month in which these funds are withdrawn;

    (H) the individual must report to the provider when the funds are withdrawn from the account at the time the purchase is made and furnish a sales receipt showing the purchase price and date of purchase; and

    (I) the individual must close the account after the purchase of the equipment and report to the provider the amount of any remaining funds, which the provider must include as income for the month in which the account is closed;

  (8) child-care costs (actual expenses the individual paid to someone to care for his or her child, not including child support payments) up to $350 per month for each child through age 5, and up to $200 per month for each child age 6-12;

  (9) annualized costs of expenditures for health insurance premiums for the individual and the individual's spouse and dependents, and for medical treatment and prescriptions for the individual, the individual's spouse and the individual's dependents that are not reimbursed by insurance; and

  (10) annual contributions to a retirement plan in an amount up to 20 percent of the individual's total income as calculated in accordance with subsection (f) of this section.

(k) To determine an individual's net monthly income for co-payment purposes, a provider must:

  (1) determine the individual's total monthly income in accordance with subsection (f) of this section;

  (2) subtract from that amount the income exclusions calculated in accordance with subsection (i) of this section; and

  (3) subtract from that amount the income deductions calculated in accordance with subsection (j) of this section.


Source Note: The provisions of this §275.201 adopted to be effective October 1, 2013, 38 TexReg 6606; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983

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