(a) The Department of State Health Services (department) is responsible for distributing state assistance to eligible counties to the extent appropriated state funds are available.
(b) The department establishes the eligibility requirements and internal procedures for a county applying for state assistance.
(c) The department determines a county's eligibility for state assistance.
(d) The department distributes funds to eligible counties based on a maximum annual allocation.
  (1) The maximum annual allocation will be based on such factors as spending history, population, and the number of residents living below the Federal Poverty Guideline.
  (2) The department-established allocation of the state assistance funds will distinguish the amount of funds allocated between the counties that actually were eligible and received state assistance funds the prior state fiscal year and other potentially eligible counties.
  (3) Up to the legislatively-mandated or department-established appropriated state assistance funds for each county, the department may reallocate the unspent funds to eligible counties.
  (4) No county can be approved for more than the legislatively-mandated or department-established percent of the appropriated state assistance fund within a state fiscal year.

Source Note: The provisions of this §363.1 adopted to be effective April 1, 2004, 29 TexReg 3177; amended to be effective February 28, 2008, 33 TexReg 1549; transferred effective March 1, 2022, as published in the Texas Register February 11, 2022, 47 TexReg 673