(a) Title XIX of the Social Security Act (42 U.S.C. §1396 et seq.) and 42 CFR §435.139 require the state to provide Medicaid for the treatment of an emergency medical condition to an alien who is ineligible for regular Medicaid due to immigration status. The Texas Health and Human Services Commission administers the program in Texas.
(b) To qualify for Medicaid for the treatment of an emergency medical condition, an applicant must meet the eligibility requirements in this subchapter and Subchapter K of this chapter (relating to Modified Adjusted Gross Income Methodology).
(c) Nothing in these rules shall be construed to violate the maintenance of eligibility requirements of §5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and make eligibility standards, methodologies, or procedures under the Texas State Plan for Medical Assistance (or any waiver under §1115 of the Social Security Act (42 U.S.C. §1315)) more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) that were in effect on July 1, 2008.

Source Note: The provisions of this §366.901 adopted to be effective June 9, 2010, 35 TexReg 4661; amended to be effective January 1, 2014, 38 TexReg 9467