Section 363.55 - Household(a) A county health care assistance household is a person living alone, or two or more persons living together, who are legally responsible for the support of the other person(s). Disqualified persons are not household members regardless of their legal responsibility for support.(b) An inmate in a county jail qualifies as a household if the inmate meets all other eligibility criteria.(c) A non-TANF foster care child qualifies as a household if the child meets all other eligibility criteria. A foster child in the managing conservatorship of a licensed, privately-funded 24-hour child care facility does not qualify for county health care assistance.(d) A person appealing a social security disability denial qualifies as a household if the person meets all other eligibility criteria.(e) Legal responsibility for support exists between persons who are legally married, a legal parent and a minor child, or a managing conservator and a minor child.(f) Non-household members are defined as individuals who cohabitate without legal responsibility.(g) A minor child is a person under 18 years of age who is not, or has not been, married and has not had the disabilities of minority removed for general purposes.(h) An adult is a person at least 18 years of age, or a younger person, who is or has been married or had the disabilities of minority removed for general purposes.(i) The following persons are disqualified from inclusion in the household: (1) a person who receives or is categorically eligible to receive Medicaid;(2) a person who receives TANF or SSI benefits; and(3) a Medicaid recipient who has exhausted a part or all of that recipient's Medicaid benefit.(j) The following persons are considered a one-person household: (1) an adult living alone;(2) an adult living with others who are not legally responsible for supporting each other;(3) a minor child living alone or with others who are not legally responsible for his support; or(4) a Medicaid-ineligible parent whose spouse and/or minor children are Medicaid-eligible.(k) The following persons living together are considered a household group: (1) two persons legally married to each other;(2) one or both legal parents and their legal minor children;(3) a managing conservator and a minor child and the conservator's spouse and other legal minor children, if any;(4) minor children who are siblings; or(5) both Medicaid-ineligible parents of Medicaid-eligible children.(l) When one household lives with another household, eligibility for each household must be determined independently.26 Tex. Admin. Code § 363.55
The provisions of this §363.55 adopted to be effective April 1, 2004, 29 TexReg 3177; amended to be effective February 28, 2008, 33 TexReg 1549; transferred from Title 25, Pt. 1, Ch. 14 by Texas Register, Volume 47, Number 06, February 11, 2022, TexReg 0673, eff. 3/1/2022