1. (a) Authorized under 42 U.S.C. §1396a(a)(10)(E)(ii), the Qualified Disabled and Working Individual (QDWI) Program pays only Medicare Part A premiums for a person who meets the requirements of this section. A person cannot be eligible for regular Medicaid and QDWI coverage at the same time.

2. (b) To be eligible for QDWI coverage, a person must:

   1. (1) be under 65 years of age;
   2. (2) be entitled to benefits under Medicare Part A;
   3. (3) not otherwise be eligible for Medicaid;
   4. (4) have a monthly income equal to or less than 200% of the federal poverty level, except for payments made from or interest earned on a tuition savings program under §358.388 of this title (relating to Tuition Savings Programs); and
   5. (5) have no more than twice the countable resources allowed under the Supplemental Security Income (SSI) program, as described in §1611 of the Social Security Act (42 U.S.C. §1382), except for funds used to establish a tuition savings program under §358.356 of this title (relating to Tuition Savings Programs).
3. (c) A person's QDWI eligibility begins in accordance with the coverage period described in §1818A of the Social Security Act (42 U.S.C. §1395i-2a(c)).

Source Note:The provisions of this §359.109 adopted to be effective September 1, 2009, 34 TexReg 5516; amended to be effective February 3, 2013, 38 TexReg 366.