In determining the co-payment for a person receiving services
in an institutional setting, the Texas Health and Human Services Commission
(HHSC) may deduct a guardianship fee, if any, up to an amount set
by the court, from the person's total countable income.
(1) The deduction is limited to guardianship-related
costs and fees, subject to the limitations of §32.02451 of the
Texas Human Resources Code, Section 670 of the Texas Probate Code,
and this section, as determined by HHSC.
(2) HHSC deducts the guardianship-related costs and
fees from total countable income after deducting the personal needs
allowance, but before deducting any other allowances.
(3) The deduction is effective the later of:
(A) the month the judge signs the court order awarding
guardianship-related costs and fees;
(B) the first month of eligibility for which the person
has a co-payment; or
(C) the first day of the month that the applicant or
recipient provides HHSC with a copy of the court order awarding the
guardianship-related costs and fees.
(4) HHSC does not deduct any amount of guardianship-related
costs and fees awarded before the date the court order was signed.
The deduction is prospective only.
(5) HHSC does not deduct a guardianship establishment
fee unless a new guardian is named in the most recent court order.
(6) HHSC does not deduct any guardianship-related costs
and fees ordered after the recipient has died.
(7) To receive the deduction, an applicant or recipient
must provide a copy of the court order to HHSC no later than the date
specified by HHSC. No deduction will be given until the applicant
or recipient provides HHSC with a copy of the court order awarding
the guardianship-related costs and fees by submitting the court order
as specified by HHSC.
(8) The deduction authorized by this section is limited
to a guardianship of the person. No deductions are allowed for any
other type of guardianship.
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