4000, Eligibility and Assessment of Copay and Fees

Revision 23-4; Effective Nov. 17, 2023

Grantees must perform an eligibility screening assessment on all clients who present for services. The contractor must ensure documentation provides a clear understanding of the eligibility screening process.

4100, Client Eligibility Screening Process

Revision 23-4; Effective Nov. 17, 2023

Grantees must screen all family planning applicants for eligibility in the following programs that provide family planning services in this order:

  • Medicaid;
  • Healthy Texas Women (HTW); and
  • FPP.

Eligibility screening criteria and processes are described below.

4110 Screening for Medicaid

Revision 22-2; Effective April 1, 2022

If the client has a Medicaid card, it can be used to document Medicaid eligibility.

How to know if a person is covered by Medicaid

  • He/she will be issued a “Your Texas Benefits” card.
  • He/she should show his/her “Your Texas Benefits” card at the point-of-service delivery.

Even with this card, providers must verify Medicaid eligibility by calling Texas Medicaid & Healthcare Partnership (TMHP) at 800-925-9126 or log on to TexMedConnect to check the member’s Medicaid ID number (PCN). 

4120 Screening for HTW

Revision 23-4; Effective Nov. 17, 2023

Healthy Texas Women (HTW) is a Medicaid waiver program administered by HHSC to provide eligible uninsured women with women’s health and family planning services, such as women’s health exams, health screenings and contraception. HTW providers must provide clinical services on a fee-for-service basis. They may also (but are not required to) contract with HHSC to provide support services that enhance clinical service delivery on a cost reimbursement basis.

Potential female clients who are ages 15 through 44, are U.S. citizens or qualified immigrants and live in Texas, must be screened for HTW eligibility.

To screen for HTW, contractors may use the Prescreening Tool on YourTexasBenefits.com, or the “Am I Eligible?” tool on the HTW website. Both tools are acceptable methods for screening for HTW eligibility.

If the applicant is determined to be ineligible for HTW, either by screening ineligible or by client presentation of the denial letter or reason for denial, then screening for FPP can take place.

Rescreening for HTW

  • If the applicant seeks services within 45 days from the application submission date, and the person has undetermined HTW eligibility, then contractors are not required to rescreen for HTW.
  • If the applicant has screened eligible, but the application determination was deemed ineligible for HTW, a copy of the denial letter or reason for denial must be maintained in the applicant’s record. If an applicant does not provide a copy of the denial letter or reason for denial, providers should discuss their application or advise them to contact 866-993-9972 to discuss the status of their application.
  • If a person indicates they would not meet eligibility requirements for HTW and refuses to be screened for the program, documentation of the refusal and reason should be noted in the client’s record. This documentation should be reviewed annually, and eligibility screening and application offered if a change in circumstances would indicate a change in eligibility. Applicants who were initially screened ineligible for HTW because of their citizenship or immigration status must be rescreened annually or when the person reports a change in their citizenship or immigration status.
     

4130 Screening for and Determining FPP Eligibility

Revision 23-4; Effective Nov. 17, 2023

Grantees must determine and document FPP eligibility before services are rendered. To assess eligibility for services, grantees must use either Form 1065, or an HHSC-approved eligibility screening form substitute (for example, in-house form, electronic form or phone interview) that contains the required information for determining eligibility.

The eligibility assessment may be completed over the phone or in the office. The completed eligibility form must be kept in the applicant’s record and must show the person’s FPL and the copay amount he or she may be charged. A person’s eligibility must be assessed annually. If eligibility is determined over the phone, the contractor is authorized to sign the form on the applicant’s behalf using a digital ID or handwritten signature.

Eligibility Requirements

Eligible applicants must be:

  • age 64 years and younger;
  • Texas residents (residency is self-declared). Grantees may request residency verification, but such verification should not jeopardize delivery of services;
  • at or under 250% of the federal poverty level. Grantees must require income verification. If the methods used for income verification jeopardize the applicant’s right to confidentiality or impose a barrier to receipt of services, the grantee must waive this requirement and approve full eligibility. Reasons for waiving verification of income must be noted in the applicant’s record. See “Calculation of Applicant’s Federal Poverty Level (FPL) Percentage” below in Section 4140.
     

4140 Adjunctive Income Eligibility and Calculation of Applicant Income

Revision 23-4; Effective Nov. 17, 2023

An applicant is considered adjunctively (automatically) income eligible for services at an initial or renewal eligibility screening if she or he is currently enrolled in one of the following programs:

  • Children’s Health Insurance Program (CHIP) Perinatal
  • Medicaid for Pregnant Women
  • Supplemental Nutrition Assistance Program (SNAP)
  • Temporary Assistance for Needy Families (TANF)
  • Special Supplemental Nutrition Program for Women, Infants and Children (WIC)

Applicants determined to be adjunctively income eligible have met the income requirements through their participation in other income-tested programs. Except for calculating the client’s income, grantees must follow all screening procedures outlined in Section 4100, Client Eligibility Screening Process, before enrolling applicants determined to be adjunctively income eligible in FPP.
 

The applicant must be able to provide proof of active enrollment in the adjunctively income eligible program. Acceptable eligibility verification documentation may include:

ProgramDocumentation
CHIP PerinatalCHIP Perinatal benefits card
Medicaid for Pregnant WomenYour Texas Benefits Medicaid card*
SNAPSNAP eligibility letter
TANFTANF verification of certification letter
WICWIC verification of certification letter, printed WIC-approved shopping list or recent WIC purchase receipt with remaining balance

*Note: Presentation of the Your Texas Benefits card does not completely verify current eligibility in the Medicaid for Pregnant Women (MPW) program. Grantees must verify current eligibility as outlined below. However, FPP services may not be provided until such time as the applicant is no longer eligible for MPW.

To verify eligibility, providers must call TMHP at 800-925-9126 or log on to TexMedConnect to check the member’s Medicaid ID number (PCN).

If the applicant or the applicant’s child (must be considered part of the household) is enrolled in CHIP, they may be considered adjunctively income eligible.

If the applicant’s current enrollment status cannot be verified during the eligibility screening process, adjunctive income eligibility would not be granted. The grantee would then determine income eligibility according to usual protocols.

Calculation of Applicant’s Federal Poverty Level (FPL) Percentage – The maximum monthly income amounts by household size are based on the on the U.S Department of Health and Human Services Federal Poverty Guidelines. The guidelines are subject to change around the beginning of each calendar year.

The steps to determine the applicant’s actual household FPL percentage are:

  1. Determine the applicant’s household size.  

    For determining FPP eligibility, the “household” is defined as a person living alone or a group of two or more persons related by birth, marriage (including common law) or adoption, who reside together and who are legally responsible for the support of the other person. Treat applicants who are 18 years old as adults. No children aged 18 years old or other adults living in the home should be counted as part of the household group. 

    Legal responsibility for support exists between:
    • persons who are legally married (including common-law marriage);
    • a legal parent and a minor child (including unborn children); or
    • a managing conservator and a minor child. A managing conservator is a person designated by a court to have daily legal responsibility for a child. 
       
  2. Determine the applicant’s total monthly income amount. 

    For determining FPP eligibility, income should be determined using the following guidance:
    • For an unmarried applicant living with a partner, only count the partner’s income and children as part of the household if the applicant and his or her partner have mutual children together. Unborn children should also be included. All income received must be included. Income is calculated before taxes (gross). Income is reviewed and determined either countable or exempt (based on the source of the income), as defined in Section 9000, Resources, Definition of Income. Grantees must have a written FPP income verification policy.
    • Proof of income documentation may include:
      • copy(ies) of the most recent paycheck(s) or stub or monthly earning statement(s);
      • employer’s written verification of gross monthly income or Form 1065, Eligibility Application;
      • award letters;
      • domestic relation printouts of child support payments;
      • statement of support;
      • unemployment benefits statement or letter from the Texas Workforce Commission;
      • award letters, court orders or public decrees to verify support payments;
      • notes for cash contributions; and
      • other documents or proof of income determined valid by the grantee.
         
    • For unemancipated, unmarried applicants under 18 years old, if parental consent is required for the receipt of services per Section 32 of the Texas Family Code, the family's income must be considered in determining the charge for the service.
       
    • Income Deductions: Dependent care expenses shall be deducted from total income in determining eligibility. Allowable deductions are actual expenses up to $200 per child per month for children under age 2, $175 per child per month for each dependent age 2 and older, and $175 per adult with disabilities per month. Legally obligated child support payments made by a member of the household group shall also be deducted. Payments made weekly, every two weeks or twice a month must be converted to a monthly amount by using one of the conversion factors listed below.
       
    • Monthly Income Calculation: If income is received in lump sums or at longer intervals than monthly, such as seasonal employment, the income is prorated over the period the income is expected to cover. Income received weekly, every two weeks or twice a month must be converted as follows:
      • weekly income is multiplied by 4.33;
      • income received every two weeks is multiplied by 2.17; and
      • income received twice monthly is multiplied by 2. 
         
  3. Divide the applicant’s total monthly income amount by the maximum monthly income amount at 100% the FPL for the household size.
     
  4. Multiply by 100%.

4200, Client Fees, Copays and Guidelines

Revision 23-4; Effective Nov. 17, 2023

Copays 

If a grantee opts to charge a copay for services, a copay schedule must be developed and implemented with enough proportional increments so that inability to pay is never a barrier to service. The following copay guidelines apply:

  • no FPP client shall be denied services based on an inability to pay;
  • clients with a household federal poverty level (FPL) at or below 100% shall not be charged a copay;
  • clients may not be charged an added copay for services provided by referral;
  • clients assessed a copay shall be presented with the bill at the time of service;
  • grantees must keep records of individual copays paid and any balance owed;
  • grantees must have a system for aging accounts receivable, which must be documented in the grantee’s policy and procedures and must clearly indicate a period for removing balances from a person’s account due to inability to pay;
  • grantees must maintain a copay schedule, approved by HHSC in advance, which must have proportional FPL increments and copay amounts (Note: An example of a copay schedule is provided by HHSC to grantees annually, following release of the Federal Poverty Guidelines. Grantees may opt to use the pre-approved Optional Co-Pay Table Based on Monthly Federal Poverty Level (FPL), which can be found in Section 9000, Resources);
  • the maximum copay amount must not exceed $30;
  • the copay schedule must be updated when the revised Federal Poverty Guidelines are released annually;
  • the copay must include all prescriptions;
  • copays collected by the grantee are considered program income and must be used to support the delivery of FPP services;
  • grantees must have policies and procedures regarding copay collection, which must be approved by the grantee’s governing body; and
  • signs indicating this policy must be visibly posted at contractor clinic sites.
     

Other Fees

Clients shall not be charged administrative fees for items such as processing or transfer of medical records, copies of immunization records, etc. Grantees can bill clients for services outside the scope of allowable services if the service is provided at the client’s request and the client is made aware of their responsibility for paying for the charges.

Insurance 

Services may be provided to clients with third-party insurance if the confidentiality of the person is a concern or if the person’s insurance deductible is 5% or more of their monthly income. Most insurance deductibles are given as an annual amount. FPP household incomes are figured as a monthly amount. To compare an annual deductible with a monthly income, multiply the monthly income by 12 and then determine 5% of that amount. See the example below for a monthly household income of $1,000:

  1. Determine the total household’s monthly income.
  2. Determine the total household’s annual income by multiplying the monthly income by 12 (months).
  3. Determine 5% of the total annual income by multiplying it by 0.05 (5%).
Total Monthly Household IncomeTotal Annual Household Income5% of Total Annual Household Income
$1,000 x 12 (months) =$12,000 x 0.05= $600
If the applicant’s annual insurance deductible is any amount over $600, they are eligible under this criterion for FPP.

Another way to make the comparison is to divide the annual insurance deductible into a monthly amount. See the example below for an annual insurance deductible of $6,000 and a monthly household income of $1,000:

  1. Determine the household’s monthly insurance deductible by dividing the annual deductible by 12 (months).
  2. Determine 5% of the total monthly household income by multiplying it by 0.05 (5%).
Household Annual Insurance DeductibleHousehold Monthly Insurance DeductibleTotal Monthly Household Income5% of Total Monthly Household Income
$6,000 ÷ 12= $500$1,000 x 0.05= $50
If the applicant’s monthly insurance deductible is any amount over $50, they are eligible under this criterion for FPP.

Date Eligibility Begins  

A person or household is eligible for services beginning with the date the grantee determines the person or household is eligible for the program and signs the completed application. 

Annual Recertification 

Annual eligibility determination and recertification is required for all clients who receive services. Client eligibility must be redetermined every 12 months. Grantees must have a system in place to track client eligibility and renewal status on an annual basis. 

Client Responsibility for Reporting Changes

A client must report changes in the following areas no later than 30 days after the client is aware of the change: income, household composition, residence, current address, employment, types of medical insurance coverage, and receipt of Medicaid, CHIP or other third-party coverage benefits. The client may report changes by mail, phone, in person or through someone acting on the client's behalf. If changes result in the client no longer meeting eligibility criteria, the client is denied continued services. By signing Form 1065, the client attests to the truth of the information provided.
 

4300, Continuation of Services

Revision 23-4; Effective Nov. 17, 2023

Grantees are required to continue to serve their existing FPP clients for the duration of the budget year (Sept. 1 through Aug. 31), regardless of whether all awarded funds have been expended.

If other funding sources are used to provide services offered through FPP, the funds must be reported as non-HHSC funds on the monthly Form 4116, Authorization for Expenditures, and the quarterly Financial Status Report (FSR) (Form 269A).