1. (a) To determine income eligibility for Children's Medicaid, the Texas Health and Human Services Commission (HHSC) counts the income of:

   1. (1) the members of the budget group;
   2. (2) each parent of a child in the certified group who lives in the household;
   3. (3) each sibling, if included in the budget group, of a dependent child in the certified group who lives in the household;
   4. (4) stepparents living with the certified group;
   5. (5) in the case of an unmarried minor parent recipient, parents of the minor who live with the minor; and
   6. (6) in the case of a household containing a sponsored alien, the income of the alien's sponsor and the sponsor's spouse to the extent allowed by federal law.
2. (b) A child's needs, income, and resources may be excluded when determining eligibility of the child's siblings if the caretaker chooses not to apply for Medicaid for the excluded child.
3. (c) A newborn whose birth mother was a Texas Medicaid recipient when the child was born is not required to meet income eligibility requirements.
4. (d) HHSC does not count the applied income of stepparents or grandparents with whom the child lives if the income resulted in the denial of eligibility for Temporary Assistance for Needy Families.

Source Note:The provisions of this §366.531 adopted to be effective June 9, 2010, 35 TexReg 4661.