Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 271	COMMUNITY CARE FOR AGED AND DISABLED
SUBCHAPTER C	ELIGIBILITY
RULE §271.87	Emergency Care

(a) Eligibility for emergency care is based on the following criteria.

(1) The applicant:

(A) has lost his home or caregiver; or

(B) has been discharged from a hospital or institution; or

(2) The applicant:

(A) is income-eligible or medicaid-eligible (not in an institution); and

(B) meets the functional need criteria as set by the department. The department uses a standardized assessment instrument to measure the client's ability to perform activities of daily living. This yields a score, which is a measure of the client's level of functional need. The department sets the minimum required score for a client to be eligible, which the department may periodically adjust commensurate with available funding. The department will seek stakeholder input before making any change in the minimum required score for functional eligibility.

(3) The applicant's needs may not exceed the facility's capability under its licensed authority.

(b) Emergency care clients are eligible for services for up to and including 30 days while the department seeks a permanent care arrangement. If the client is not placed within the initial 30-day period, he is eligible to receive services for up to one 30-day extension, for a total of 60 days.

(c) Emergency care is terminated by the department when the approved service period is over or when suitable care arrangements have been made. The department redetermines client eligibility each time a request for services is made.

Source Note: The provisions of this §271.87 adopted to be effective March 1, 1983, 8 TexReg 530; amended to be effective August 1, 1984, 9 TexReg 3876; amended to be effective June 1, 1985, 10 TexReg 1293; amended to be effective December 5, 1986, 11 TexReg 4755; amended to be effective August 31, 2004, 29 TexReg 8376; transferred effective September 15, 2023, as published in the August 18, 2023, issue of the Texas Register, 48 TexReg 4523