Texas Administrative Code

Texas Administrative Code

TITLE 40	SOCIAL SERVICES AND ASSISTANCE
PART 1	DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 48	COMMUNITY CARE FOR AGED AND DISABLED
SUBCHAPTER H	ELIGIBILITY
RULE §48.2921	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 §48.2921 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