1. (a) This subchapter establishes the eligibility criteria and participation requirements for the Medically Needy Program, which provides Medicaid benefits to eligible persons whose family income is too high to qualify for other Medicaid programs in accordance with 42 U.S.C. §1396a(a)(10)(C).
2. (b) Nothing in these rules shall be construed to violate the maintenance of eligibility requirements of section 5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and make eligibility standards, methodologies, or procedures under the Texas State Plan for Medical Assistance (or any waiver under section 1115 of the Social Security Act (42 U.S.C. §1315)) more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) that were in effect on July 1, 2008.
3. (c) The Medically Needy Program is subject to the availability of appropriated funds.

Source Note:The provisions of this §366.801 adopted to be effective June 9, 2010, 35 TexReg 4661.