Texas Register, Volume 5, Number 23, Pages 1105-1170, March 25, 1980 Page: 1,125
1105-1170 p. ; 28 cm.View a full description of this periodical.
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PROPOSED RULES
1125The last statement would read, "in which event the period
runs until the end of the next day which is neither a Satur-
day, Sunday, nor a legal holiday."
The staff of the Texas Department of Public Safety has deter-
mined that there are no fiscal implications for the state or
units of local government as the amendment applies to
definition of a computed time period.
Comments on the proposed amendment of 29.5 (.005) are in-
vited. Comments may be submitted by contacting Norman V.
Suarez, Texas Department of Public Safety, Box 4087,
Austin, Texas 78773, telephone (512) 452-0331. Comments
must be received within 30 days of the publication of this pro-
posal in the Register.
The amendments are proposed pursuant to the authority of
Vernon's Civil Statutes, 6252-13a, Section 4.
29.5 (201.15.00.005). Computation of Time.
(a) Computing time. In computing any period of time
prescribed or allowed by these sections, by order, rule, or
regulation of the agency or commission, or by any applicable
statute, the period shall begin on the day after the act, event,
or default in controversy and conclude on the last day of such
computed period, unless it be a Saturday, Sunday, or legal
holiday, in which event the period runs until the end of the
next day Iholidayl which is neither a Saturday, Sunday, nor a
legal holiday.
(b) (No change.)
Issued in Austin, Texas, on March 10, 1980.Doc. No. 802008
James B. Adams
Director
Texas Department of Public SafetyProposed Date of Adoption: April 25, 1980
For further information, please call (512) 452-0331.NONCODIFIED
Texas Department of Human
Resources
Medicaid Eligibility
Medicare Benefits and Buy-In 326.25.23
The Department of Human Resources proposes Rule
326.25.23.004 about third-party resources in its Medicaid
eligibility rules. Both federal and state law require that
available third-party resources (individual health insurance,
group health, liability/casualty insurance, etc.) be used to pay
medical claims for eligible recipients prior to utilization of
Medicaid benefits.
The department has determined that the proposeed rule will
have no fiscal implications for the state or units of local
government.Written comments are invited and may be sent to Susan L.
Johnson, administrator, Handbook and Procedures Develop-
ment Division-024, Department of Human Resources, P.O.
Box 2960, Austin. Texas 78769, within 30 days of publication
in this Register.
The following rule is proposed under the authority of the
Human Resources Code, Chapter 32.
.004. Third-Party Resources (TPR).
(a) Title XIX (Medicaid) funds are to be utilized for the
payment of medical services only i'ier all available third-
party resources have been utilized A third-party resource is
a source of payment other than the recipient or DHR. These
resources include payments from both private and public
health insurance and from other liable third parties that can
be applied toward Medicaid recipients medical and health
benefits expenses.
(b) The authority and requirement to pursue third-par-
ty resources is included in the Social Security Act, in Title 42
of the Code of Federal Regulations and the state law. Under
state law, when a person applies for or receives Medicaid, he
or she automatically assigns to DHR his or her right of recov-
ery from personal insurance or other sources and the right of
recovery from personal injuries occasioned by the negligence
or wrongdoing of another, to the extent of the cost of medical
care services paid for by the Texas Medical Assistance Pro-
gram. State law also requires Medicaid recipients to report to
DHR any such insurance coverage or personal injuries in-
volving a liable third party at the time of application and sub-
sequently, within 60 days of learning of such coverage or
liability.
(c) An applicant/recipient is responsible by state law
for informing the department of:
(1) any insurance coverage that may cover the reci-
pient's medical needs:
(2) any unsettled civil or criminal court claim which
may include payment for medical needs;
(3) any injury requiring medical attention for which
insurance or another third party may be legally liable.
(d) A recipient is responsible for reimbursing the
department when he or she receives a payment from in-
surance/settlemnent for medical services paid by Medicaid. If
a recipient refuses to make this reimbursement or cannot
because he or she has spent the payment, a fraud referral is
made if the Medicaid expenditure was $100 or more.
Doc. No. 802102Child Welfare Services
(Editor's note: Lengthy new rules and amendments and
repeals of existing rules recently proposed by the Texas
Department of Human Resources in its chapter of rules en-
titled Child Welfare Services are being published serially
beginning in this issue. Listed below are the subchapter ti-
tles and rule numbers affected by this action. The proposed
date of adoption for the serialized proposals is April 25,
1980. The subchapters entitled Legal Base for Child
Welfare Services and Protective Services for Children ap-
pear in this issue.)
Legal Base for Child Welfare Services
326.50.71.012, .021-.025.Volume 5, Number 23, March 25, 1980
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Texas. Secretary of State. Texas Register, Volume 5, Number 23, Pages 1105-1170, March 25, 1980, periodical, March 25, 1980; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244615/m1/21/: accessed May 14, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.