Texas Register

TITLE 25 HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 98TEXAS HIV MEDICATION PROGRAM
SUBCHAPTER CTEXAS HIV MEDICATION PROGRAM
DIVISION 1GENERAL PROVISIONS
RULE §98.102Definitions
ISSUE 11/11/2022
ACTION Final/Adopted
Preamble Texas Admin Code Rule

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1)Applicant--An individual who applies to the department for THMP services.

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

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

  (4)Eligible health insurance policy--A state, federal, or private health insurance policy that is approved by the THMP and covers at least one drug from each class of HIV-antiretroviral medication and covers appropriate primary care services.

  (5)Formulary--A list of drugs approved by the department that includes at least one drug from each class of HIV antiretroviral medications. https://www.dshs.texas.gov/hivstd/meds/files/formulary.pdf.

  (6)Full-LIS--Full Low-income subsidy. The Social Security Administration provides full-LIS to applicants with income and assets below specified limits.

  (7)HIV--Human immunodeficiency virus. Encompassing all stages of HIV, including HIV-related conditions and syndromes.

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

  (9)Medicare prescription drug plan--A Medicare Part D prescription drug plan or the prescription drug component of a Medicare Part C Advantage Plan.

  (10)Minor--A person who is younger than 18 years of age 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)Open enrollment--A time period during which one may freely enroll in or change one's selection of a health insurance plan or other benefit plan that is ordinarily subject to restrictions.

  (12)Out-of-pocket costs--The premium, copay, coinsurance, and deductible amounts that an individual would be expected to pay when enrolled in a health insurance plan or Medicare prescription drug plan.

  (13)Partial-LIS--Partial Low-income subsidy. The Social Security Administration provides partial-LIS to applicants with income and assets above the level of those qualifying for full-LIS, but still below specified limits.

  (14)Payor of last resort--A funding source that may be used only after all other available public and private funding sources have been accessed.

  (15)Qualifying event--A change of life circumstance that allows an individual to enroll in or change the selection of a health insurance plan or other benefit plan outside of open enrollment.

  (16)SPAP--The State Pharmacy Assistance Program. The SPAP is available to low-income individuals living with HIV who also have Medicare Part D.

  (17)Texas resident--An individual is considered a Texas resident if that person physically resides in Texas and intends to continue to reside within the state.

  (18)THMP--The Texas HIV Medication Program, which includes the AIDS Drug Assistance Program (ADAP), SPAP, and TIAP.

  (19)TIAP--Texas Insurance Assistance Program. TIAP provides premium and copay assistance with eligible health insurance policies.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 28, 2022

TRD-202204235

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: November 17, 2022

Proposal publication date: June 10, 2022

For further information, please call: (737) 255-4300



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