1. (a) In order for a person to be eligible for referral for oral health treatment services, the applicant must meet the following criteria:

   1. (1) the person must be a bona fide resident of Texas, which is a person who:

      1. (A) is physically present within the geographic boundaries of the state;
      2. (B) has an intent to remain within the state;
      3. (C) maintains a physical residence with an address within the state; and
      4. (D) does not claim residency in any other state or country; or

   2. (2) the person is:

      1. (A) residing in Texas and his/her parent(s), conservator, guardian, or caretaker, with whom the person consistently resides, is a bona fide resident of Texas; or
      2. (B) residing in Texas and is the legal dependent spouse of a bona fide resident.

2. (b) The person must establish a financial need for oral health treatment services, which is based on family income, in accordance with program policies, procedures, and the Manual.

   1. (1) The family income used to determine eligibility is the gross annual income of the applicant and his/her spouse, if applicable, or the gross annual income of person(s) legally obligated to support the applicant;
   2. (2) Gross annual income includes earned wages, pensions or retirement benefits, child support payments received, alimony, unemployment compensation, worker's compensation, income from rental properties, or any monies received on a regular basis for family support purposes; and
   3. (3) Income guidelines are based on current United States Department of Agriculture (USDA) poverty guidelines for determining eligibility for free meals (e.g. school free lunch program guidelines), which are incorporated by reference.

Source Note:The provisions of this §49.6 adopted to be effective October 16, 2008, 33 TexReg 8522.