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RULE §98.102Definitions

These terms, when used in this subchapter, are defined as follows:

  (1) AIDS--Acquired immune deficiency syndrome as defined by the federal Centers for Disease Control and Prevention.

  (2) Council--The Department of State Health Services Council.

  (3) Commissioner--The Commissioner of the Department of State Health Services.

  (4) Department--The Department of State Health Services.

  (5) Eligible Metropolitan Area--A metropolitan area that is eligible to receive direct federal funding, as defined in federal law at 42 U.S.C. 300ff-17.

  (6) Executive Commissioner--The Executive Commissioner of the Health and Human Services Commission.

  (7) HIV--Human immunodeficiency virus infection, as defined by the federal Centers for Disease Control and Prevention.

  (8) HIV disease--Encompassing all stages of human immunodeficiency virus (HIV) manifestation from initial infection through end-stage AIDS, including HIV-related conditions and syndromes.

  (9) Legally responsible person--A parent, managing conservator, or other person that is legally responsible for the support of a minor, a ward, or himself/herself.

  (10) Minor--A person who has not reached his or her 18th birthday and who has not been emancipated by a court or who is not married or recognized as an adult by the State of Texas.

  (11) Payer of last resort--In accordance with state law, department policy and corresponding federal grant conditions, program applicants are screened to ensure other source of payment for medication services have been identified and exhausted prior to utilizing program funds, making the program the payer of last resort in terms of eligibility.

  (12) Program--The Texas HIV Medication Program established under the Health and Safety Code, Chapter 85, Subchapter C.

  (13) Recipient--An individual who, under this subchapter, is determined by the department to be eligible for services.

  (14) Texas resident--A person is presumed to be a Texas resident if that person physically resides within the geographic boundaries of the state, with a manifest intent to continue to physically reside within those boundaries. Manifest intent may be evidenced by any information deemed relevant by the department, including: voting records; automobile registration; Texas driver's license or other official identification; enrollment of children in a public or private school; or payment of property tax. The burden of proving intent to reside is on the person requesting assistance.

Source Note: The provisions of this §98.102 adopted to be effective February 4, 1999, 24 TexReg 567; amended to be effective August 28, 2003, 28 TexReg 6855; amended to be effective December 16, 2007, 32 TexReg 9128; amended to be effective November 20, 2013, 38 TexReg 8244

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