1. (a) The program shall base the calculation of an individual's financial participation obligation upon the current federal poverty income guidelines. The commissioner shall adjust the income guidelines as needed to conform to changes in the federal guidelines as those changes occur. The current income guideline will be filed with these sections in the Newborn Screening Program (program) office and shall be available for public inspection during regular office hours. Income guideline adjustments will also be published in the Texas Register not later than 30 days after the date on which they have been adopted by the program administrator.
2. (b) The following financial participation scale lists the copayment obligation for program services.
   Attached Graphic
   
3. (c) The program will determine if an individual, or if the individual is a minor or a ward, the individual's parent(s), managing conservator(s), or guardian, as appropriate, is able to pay in accordance with the schedule for financial participation; however, the program will not deny services because of an individual's inability to pay.
4. (d) In cases in which the income is greater than 350% of the federal poverty income guideline, the individual, or if the individual is a minor or a ward, the individual's parent(s), managing conservator(s), or guardian, as appropriate, will be required to pay the entire cost of program services unless extenuating circumstances exist. Such circumstances include, but are not limited to, unusually high medical expenses or the unavailability of specific care needed. Individuals granted such exceptions may receive services in accordance with the adjusted financial participation schedule and these sections.
5. (e) The program may not require a financial participation which exceeds the cost to the program of providing the service.

Source Note:The provisions of this §37.63 adopted to be effective February 2, 1989, 13 TexReg 6268; amended to be effective May 16, 1994, 19 TexReg 3369; amended to be effective December 17, 2002, 27 TexReg 11744.