§1396r-5(d)), concerning the protection of income for the community spouse, to determine the minimum monthly maintenance needs allowance, and to determine an institutionalized spouse's co-payment. (d) HHSC follows §1924(d) of the Social Security Act (42 U.S.C. (c) To determine the co-payment for a person or couple receiving services under the Program of All-Inclusive Care for the Elderly (PACE) in a PACE setting, HHSC follows §1934(i) of the Social Security Act (42 USC §1396u-4(i)). (b) To determine the co-payment for a person or couple in an institutional setting, HHSC follows 42 CFR §§435.725, 435.726, and 435.735, including the optional deduction for a home maintenance allowance for a person or couple described in 42 CFR §435.725(d). §1396r-5), relating to institutionalized spouses with community spouses. ![]() (3) Section 1924 of the Social Security Act (42 U.S.C. §1396a(50) and (q)), relating to personal needs and (2) Section 1902(a)(50) and (q) of the Social Security Act (42 U.S.C. §1396a(17)), relating to the general authority (1) Section 1902(a)(17) of the Social Security Act (42 U.S.C. (a) After a person or couple in an institutional setting is determined eligible for a Medicaid-funded program for the elderly and people with disabilities, the Texas Health and Human Services Commission (HHSC) determines the person's or couple's co-payment in accordance with: ![]() ![]() The following is taken from Subchapter C, Financial Requirements, Division 6, Budgeting for Eligibility and Co-Payment.
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