1. (a) Eligibility for Emergency Care (EC) is based on the following criteria:

   1. (1) the applicant:

      1. (A) has lost their home or caregiver; or
      2. (B) has been discharged from a hospital or institution; or
      3. (C) is in a similar emergency situation; and

   2. (2) the applicant:

      1. (A) is income-eligible or Medicaid-eligible, not in an institution; and
      2. (B) meets the functional need criteria as set by HHSC. HHSC uses a standardized assessment instrument to measure the applicant's ability to perform activities of daily living. This yields a score, which is a measure of the applicant's level of functional need. HHSC sets the minimum required score for a person to receive EC, which HHSC may periodically adjust commensurate with available funding. HHSC will seek stakeholder input before making any change in the minimum required score for functional eligibility.
   3. (3) The applicant's needs may not exceed the facility's capability under its licensed authority.
2. (b) A client receiving Emergency Care is eligible for services for up to and including 30 days while HHSC seeks a permanent care arrangement. If the client is not placed within the initial 30-day period, the client is eligible to receive services for up to one 30-day extension, for a total of 60 days.
3. (c) Emergency Care is terminated by HHSC when the approved service period is over or when suitable care arrangements have been made. HHSC redetermines Emergency Care eligibility each time a request for services is made.

Source Note:The provisions of this §271.87 adopted to be effective March 1, 1983, 8 TexReg 530; amended to be effective August 1, 1984, 9 TexReg 3876; amended to be effective June 1, 1985, 10 TexReg 1293; amended to be effective December 5, 1986, 11 TexReg 4755; amended to be effective August 31, 2004, 29 TexReg 8376; transferred effective September 15, 2023, as published in the August 18, 2023, issue of the Texas Register, 48 TexReg 4523; amended to be effective September 10, 2025, 50 TexReg 5936.