(a) If a person is eligible for a Medicaid-funded program for the elderly and people with disabilities (MEPD), the Texas Health and Human Services Commission (HHSC) includes in the notice of eligibility the date that the person's Medicaid benefits will begin, which is known as the medical effective date.
(b) HHSC determines the medical effective date:
  (1) in accordance with 42 CFR §435.914, as the first day of the month in which a person meets all eligibility criteria, which may be up to three months before the date of application if:
    (A) during the three months before the month of application, the person received MEPD services covered under the Texas State Plan for Medical Assistance; and
    (B) would have been eligible for MEPD at the time the services were received if the person had applied (or someone had applied on behalf of the person), regardless of whether the person is alive when application for MEPD is made; or
  (2) as approved by the Centers for Medicare and Medicaid Services for a §1915(c) waiver program.

Source Note: The provisions of this §358.540 adopted to be effective September 1, 2009, 34 TexReg 5497