1. (a) An applicant is identified through the Texas Department of State Health Services Breast and Cervical Cancer Services (BCCS).
2. (b) A BCCS medical provider screens and diagnoses qualifying medical conditions and either makes a determination of presumptive eligibility, or, if the medical provider is not enrolled as a Medicaid provider, makes a referral to a qualified entity for determination of presumptive eligibility.
3. (c) BCCS Medicaid providers have been designated as qualified entities for presumptive eligibility determinations.
4. (d) A BCCS Medicaid provider, or a qualified Medicaid provider to whom a woman is referred, sends the applicant's application packet containing the provider's determination of presumptive eligibility and an application for assistance to the Texas Health and Human Services Commission (HHSC) within five working days after the date the presumptive eligibility determination is made. HHSC determines eligibility no later than the end of the month following the month the presumptive eligibility determination is made.

5. (e) The period of presumptive Medicaid eligibility is specified in 42 U.S.C. §1396r-1b(b)(1) as beginning with the date a qualified entity determines eligibility under the State Plan, based upon preliminary information, and ends with (and includes) the earlier of:

   1. (1) the date an eligibility determination is made by the Texas Health and Human Services Commission (HHSC); or
   2. (2) the last day of the month following the month presumptive eligibility was determined.

Source Note:The provisions of this §366.409 adopted to be effective June 9, 2010, 35 TexReg 4661.