A child in a medical facility is eligible for Medical Assistance Only (MAO) if the following are true

• The child meets the general eligibility requirements specified in Texas Administrative Code §700.316(b)External Link.
• DFPS plans to place the child outside the home in a residential child-care facility or relative placement as soon as the child leaves the medical facility.

DFPS must proceed with the planned placement unless the court changes the order or some other event occurs that clearly precludes making the placement.

The child’s eligibility for foster care assistance begins on the date DFPS takes possession of the child as stated in Texas Family Code Chapter 262nal Link.

DFPS Rules, 40 TAC §700.320External Link

In certain situations, when a child is in the hospital, he or she may be eligible for Medicaid before entering DFPS conservatorship. These cases must be referred to the CPS Federal and State Support Division for review on a case-by-case basis. Request for approval will be submitted to HHSC by the Federal and State Support division.