Medicaid is considered the payor of last resort for a person's medical expenses. As a condition of eligibility, in accordance with 42 CFR §§433.138 - 433.148, an applicant or recipient must:

1. (1) assign to HHSC the applicant's or recipient's right to recover any third-party resources available for payment of medical expenses covered under the Texas State Plan for Medical Assistance; and
2. (2) report to HHSC any third-party resource within 60 days after learning about the third-party resource.

Source Note:The provisions of this §361.109 adopted to be effective January 1, 2011, 35 TexReg 11572.