Section 364.3 - DefinitionsThe following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--The Texas Primary Health Care Services Act, Health and Safety Code, Chapter 31.(2) Applicant--An individual and/or family applying to receive primary health care services.(3) Commission--The Texas Health and Human Services Commission.(4) Commissioner--The Commissioner of Health.(5) Department--The Department of State Health Services.(6) Eligible individual--An eligible recipient of primary health care services under the Act.(7) Other benefit--A benefit, other than a benefit provided under the Act, to which an individual is entitled for payment of the costs of primary health care services, including: (A) benefits available from: (i) an insurance policy, group health plan, or prepaid medical care plan;(ii) Title XVIII or Title XIX of the Social Security Act;(iii) the Veterans Administration;(iv) the Civilian Health and Medical Program of the Uniformed Services; and(v) workers compensation or any other compulsory employer's insurance program.(B) a public program created by federal or state law, or by an ordinance or rule of a municipality or political subdivision of the state, except those benefits created by the establishment of a city or county hospital, a joint city-county hospital, a county hospital authority, a hospital district, or by the facilities of a publicly supported medical school; or(C) benefits resulting from a cause of action for medical, facility, or medical transportation expenses, or a settlement or judgment based on the cause of action, if the expenses are related to the need for services provided by the Act.(8) Primary Health Care Services--May include the following: (A) diagnosis and treatment;(B) emergency medical services;(C) family planning services;(D) preventive health services;(F) laboratory, x-ray, nuclear medicine, or other appropriate diagnostic services;(L) prescription drugs and devices and durable supplies;(M) environmental health services;(N) podiatry services; and(9) Program--The primary health care services program created by the Act.(10) Provider--An entity that, through a grant or a contract with the department, delivers primary health care services that are purchased by the department for the purposes of the Act.(11) Recipient--An individual receiving primary health care services under the Act.(12) Request for proposal--A solicitation providing guidance and instructions issued by the department to entities interested in submitting applications to provide primary health care services under the Act.(13) Services--Primary health care services.(14) Texas resident--An individual who is physically present within the geographic boundaries of the state, and who: (A) intends to remain within the state, whether permanently or for an indefinite period;(B) does not claim residency in any other state or country;(C) is under 18 years of age, and at least one of his/her parents, managing conservator, or guardian is a bona fide resident of Texas;(D) is a person residing in Texas and his/her legally dependent spouse is a bona fide resident of Texas; or(E) is an adult residing in Texas whose legal guardian is a bona fide resident of Texas.26 Tex. Admin. Code § 364.3
The provisions of this §364.3 adopted to be effective May 28, 2006, 31 TexReg 4218; amended to be effective February 14, 2013, 38 TexReg 645; amended to be effective September 1, 2013, 38 TexReg 5505; transferred from Title 25, Pt. 1, Ch. 39 by Texas Register, Volume 47, Number 06, February 11, 2022, TexReg 0674, eff. 3/1/2022