| (a) Title XIX of the Social Security Act (42 U.S.C.
§1396 et seq.) and 42 CFR §435.139 require the state to
provide Medicaid for the treatment of an emergency medical condition
to an alien who is ineligible for regular Medicaid due to immigration
status. The Texas Health and Human Services Commission administers
the program in Texas.
(b) To qualify for Medicaid for the treatment of an
emergency medical condition, an applicant must meet the eligibility
requirements in this subchapter and Subchapter K of this chapter (relating
to Modified Adjusted Gross Income Methodology).
(c) Nothing in these rules shall be construed to violate
the maintenance of eligibility requirements of §5001 of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) and make
eligibility standards, methodologies, or procedures under the Texas
State Plan for Medical Assistance (or any waiver under §1115
of the Social Security Act (42 U.S.C. §1315)) more restrictive
than the eligibility standards, methodologies, or procedures, respectively,
under such plan (or waiver) that were in effect on July 1, 2008.
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