To be eligible for a Medicaid-funded program for the elderly and people with disabilities, a person must be a resident of the United States (U.S.) and the state of Texas.

1. (1) U.S. residence. The Texas Health and Human Services Commission (HHSC) follows 20 CFR §416.1603 in determining a person's U.S. residence.

   1. (A) The U.S. residence requirement does not apply to:

      1. (i) a child who is a citizen and is living with a parent who is a member of the U.S. Armed Forces assigned to permanent duty ashore outside the U.S.; or
      2. (ii) to certain persons temporarily abroad for study.
   2. (B) Once eligible for benefits, a person must maintain a presence in the U.S. in accordance with 42 U.S.C. §1382(f)(1). If a person has been outside the U.S. for 30 consecutive days, the person is not eligible for benefits until the person has been in the U.S. for 30 consecutive days.
2. (2) Texas residence. HHSC follows 42 CFR §435.403 in determining a person's state residence.

Source Note:The provisions of this §358.207 adopted to be effective September 1, 2009, 34 TexReg 5497.