1. (a) Time frame for determination. After an applicant or authorized representative provides all information and verification documents requested, the Texas Health and Human Services Commission (HHSC) makes an eligibility determination within the following time frames, in accordance with 42 CFR §435.911:

   1. (1) by the 90th day after the date of application if the applicant is applying on the basis of a disability;
   2. (2) by the 45th day after the date of application for all other applicants; or
   3. (3) beyond the time frames established in paragraphs (1) and (2) of this subsection under unusual circumstances, such as those set forth in 42 CFR §435.911.

2. (b) Basis for determination. HHSC decides whether an applicant meets the eligibility criteria for a Medicaid-funded program for the elderly and people with disabilities based on:

   1. (1) a complete, signed, and dated application for assistance;
   2. (2) information obtained from an interview, if an interview occurred; and
   3. (3) required verification documents.

Source Note:The provisions of this §358.530 adopted to be effective September 1, 2009, 34 TexReg 5497.