1 TAC § 366.215. Application Requirements and Processing, DIVISION 2. ELIGIBILITY REQUIREMENTS

TexasRegulations

Ask Donna

How this section applies to your facts.

Texas Administrative Code › Title 1 ADMINISTRATION › Part 15 TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 366 MEDICAID ELIGIBILITY FOR WOMEN, CHILDREN, YOUTH, AND NEEDY FAMILIES › 1 TAC § 366.215

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a) An applicant, authorized representative, or someone acting responsibly for the applicant applies for presumptive eligibility at a qualified hospital or qualified entity site.

(b) The qualified hospital or qualified entity electronically submits the presumptive eligibility determination to HHSC.

(c) The qualified hospital or qualified entity must assist the individual in submitting an electronic Medicaid application to HHSC if the individual wishes to apply for regular Medicaid.

(d) For individuals determined to be presumptively eligible, the qualified hospital or qualified entity must notify the individual in writing and orally if appropriate that if a Medicaid application:

(1) is not filed by the last day of the month following the presumptive eligibility determination, then presumptive eligibility will end on that last day; and

(2) is filed by the last day of the month following the presumptive eligibility determination, then presumptive eligibility will end on the day that a decision is made on the Medicaid application.

(e) For individuals determined not to be presumptively eligible, the qualified hospital or qualified entity must notify the individual in writing and orally if appropriate:

(1) of the reason for the determination; and

(2) that he or she may file an application for Medicaid with HHSC.

(f) A recipient is limited to:

(1) one presumptive eligibility period per pregnancy; or

(2) no more than one presumptive eligibility period within two calendar years for children under age 19, parents and caretaker relatives, and former foster care children.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

1 TAC § 366.215. Application Requirements and Processing, DIVISION 2. ELIGIBILITY REQUIREMENTS · 1 Tex. Admin. Code § 366.215 | Frix