(a) RMA follows the income considerations described in Subchapter F of this chapter (relating to Modified Adjusted Gross Income Methodology) and resource considerations in Chapter 366, Subchapter H of this title (relating to Medically Needy Program). The following are disregarded when determining RMA eligibility:
  (1) any in-kind services and shelter provided to an applicant by a non-spousal sponsor or local resettlement agency; and
  (2) any cash assistance payments provided to an applicant.
(b) HHSC bases eligibility for RMA on the applicant's income on the date of application. HHSC does not average income prospectively over the application processing period when determining income eligibility.
(c) Applicants whose household income exceeds 200% of the Federal Poverty Level on the date of application are eligible if deducting incurred medical expenses puts the income under that level.

Source Note: The provisions of this §375.515 adopted to be effective January 1, 2014, 38 TexReg 9480; amended to be effective June 1, 2014, 39 TexReg 3985