The Texas Health and Human Services Commission (HHSC) determines Medicaid eligibility dates for an applicant as follows.

1. (1) Medicaid coverage begins on the earliest day of the application month on which the applicant meets all eligibility criteria.

2. (2) Retroactive coverage may begin as early as three months before the application month, except that:

   1. (A) a pregnant woman's coverage begins no earlier than the first day of the month in which the pregnancy began (coverage ends the second month after the month in which the pregnancy terminates); and
   2. (B) a newborn's coverage begins no earlier than the child's date of birth (coverage ends the month of the child's first birthday).
3. (3) The Medicaid coverage of an applicant whose net income exceeds the Medically Needy Income Limits (MNIL) may spend down the excess amount of income to pay unpaid medical bills and qualify for Medicaid. Medicaid begins on the earliest day of the month of potential eligibility on which spend down requirements are met.

Source Note:The provisions of this §366.841 adopted to be effective June 9, 2010, 35 TexReg 4661.