Statutes, codes, and regulations
Texas Administrative Code
Title 1 - ADMINISTRATIONPart 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSIONChapter 358 - MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIESSubchapter C - FINANCIAL REQUIREMENTS
Division 6 - BUDGETING FOR ELIGIBILITY AND CO-PAYMENT
Section 358.439 - Guardianship Fee

1 Tex. Admin. Code § 358.439

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Current through Reg. 49, No. 19; May 10, 2024
Section 358.439 - Guardianship Fee

In determining the co-payment for a person receiving services in an institutional setting, the Texas Health and Human Services Commission (HHSC) may deduct a guardianship fee, if any, up to an amount set by the court, from the person's total countable income.

(1) The deduction is limited to guardianship-related costs and fees, subject to the limitations of § RSA 32.02451 of the Texas Human Resources Code, Section RSA 670 of the Texas Probate Code, and this section, as determined by HHSC.
(2) HHSC deducts the guardianship-related costs and fees from total countable income after deducting the personal needs allowance, but before deducting any other allowances.
(3) The deduction is effective the later of:
(A) the month the judge signs the court order awarding guardianship-related costs and fees;
(B) the first month of eligibility for which the person has a co-payment; or
(C) the first day of the month that the applicant or recipient provides HHSC with a copy of the court order awarding the guardianship-related costs and fees.
(4) HHSC does not deduct any amount of guardianship-related costs and fees awarded before the date the court order was signed. The deduction is prospective only.
(5) HHSC does not deduct a guardianship establishment fee unless a new guardian is named in the most recent court order.
(6) HHSC does not deduct any guardianship-related costs and fees ordered after the recipient has died.
(7) To receive the deduction, an applicant or recipient must provide a copy of the court order to HHSC no later than the date specified by HHSC. No deduction will be given until the applicant or recipient provides HHSC with a copy of the court order awarding the guardianship-related costs and fees by submitting the court order as specified by HHSC.
(8) The deduction authorized by this section is limited to a guardianship of the person. No deductions are allowed for any other type of guardianship.

1 Tex. Admin. Code § 358.439

The provisions of this §358.439 adopted to be effective September 1, 2009, 34 TexReg 5497; Amended to be effective March 8, 2012, 37 TexReg 1496