“Dying in CorUpshur County” by Calvin_Monasco
http://codes.lp.findlaw.com/txstatutes/HS/2/C/61
Dec 03, 2010 | 7843 views | 0 0 comments | 713 713 recommendations | email to a friend | print | permalink

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Upshur Co. Judge suspended following indictments
by Calvin_Monasco
May 02, 2012 | 1573 views | 3 3 comments | 215 215 recommendations | email to a friend | print | permalink

UPSHUR COUNTY, TX (KLTV) – Upshur County Judge Dean Fowler has been suspended with pay after recent indictments by a grand jury.  

 

Link to KLTV full story

 

It"s been a while since I last checked my CorUpsher County blog sight because just recently was released from jail because Lauren Parish sentenced me to120 days in the County jail for contempt of court for being 8 days late kicking my son of my house to satisfy her mandate because I was sued by Gilmer Boating and Fishing Cult inc. for allowing my son to live with me in Twin Lakes of which In used to be a member in good standing until my home was foreclosed and my membership was forfeited because I did not keep up with my mortgage payments  while I was in jail and almost died twice so the jail kicked me out early for having too high of medical cost and left stranded at ETMC Tyler to find my own way back to gilmer as a homeless bum. Judge Parish charged for 8 counts of contempt of court 1count  for each day that my son slept in my house past the deadline of her mandate. She gave me 15 days in jail for each count to be served consecutively coming to a grand total of 180 days with no entitlement for good behavior unless I had a cashiers check or money order in the amount $8,300 and some odd dollars delivered to Attorney Barry Wallace. If I did that I was assured that there may be a very good chance that I be released from jail promptly afterword. Isn't this a bit like being held for ransom?  

Anyway what got me started updating this blog is the comment from pissing on u and I  thought it was really funny that they used the name pissing on u and my name is Calvin and I am notorious for pissing on Ford and something was said about pissing on Fowler and I used Cain's picture from Calvin and Hobbs and Fowler is the man who sentenced my son to 180 days in county jail for fishing in my lake and in our own backyard at Twin Lakes.

 

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Pissing on U
|
January 05, 2011
Isn't that ironic that the indicted officials are whining, especially Todd Tefteller their attorney, because they didn't get a chance to tell there side of the story after voting to not allow the citizens comment or give there side at meetings? Welcome to Upshur County Justice Todd Tefteller, Dean, Betterton and Crabtree. With your cussing in the press, Todd Tefteller, we thought you might want to run for county judge. It appears you are taking after Dean Fowler as when he tries to belittle the county commissioners in his kangaroo court. The county judge job does not require a law degree and with Fowler's bad press you would probably stand a good chance of taking it away from him. LOL, but thats only after you let us piss on the carpet as you said in the newspapers. Right now we are just busy pissing on Fowler and wondering what school you all got your law degrees from. Is it the online school the University of Phoenix? LOL

CorUpshur County. Just can't beat it. Can't live anywhere else.
by Calvin_Monasco
May 02, 2012 | 1110 views | 0 0 comments | 94 94 recommendations | email to a friend | print | permalink

Now District Attorney Billy Byrd, Are there any more? Of course there are!

Hope it never stops. I know all good things must come to an end but come on why stop now? ---click here for full story---:)(:

District Judge Lauren Parish is still at large.

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Are CorUpshur County Judges being overpaid?
by Calvin_Monasco
May 02, 2012 | 1482 views | 4 4 comments | 140 140 recommendations | email to a friend | print | permalink

District Judge Lauren Parish to assume duties of Judge Dean Fowler. If this move was really made to save tax money and she can really handle both jobs for her salary alone why have two Judges? Have our Judges bean being overpaid for what must only be a part time job or is Judge Parish afraid of what another Judge may uncover in CorUpshur County during Fowlers absence?

link to Full story

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steveo1967
|
February 26, 2011
yes they have been overpaid for too long and at the taxpayers expense.

CorUpshur County strikes again
by Calvin_Monasco
May 02, 2012 | 1233 views | 1 1 comments | 158 158 recommendations | email to a friend | print | permalink

 

Now the fire chief, How many are there?

Hope it never stops. Link to full story

All we lack now is Upshur County Judge Parish and District Attorney Billy Byrd.

 

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Coffin
|
January 06, 2011
I would love to see Lauren Parish put in the same mess and worse. She is as unethical as Fowler in showing favoritism. Better watch what she does in this matter and how she handles it. She is lifelong friends with little Dean and will do everything she can to protect him from his own ignorance. Then you have Fowler's redneck attorney, Todd Teftellar, spewing vulgarities in the news, only confirming what the world thinks of Gilmer being the white trash trailer park capital of the world. Hope they all go. That would be the best thing that ever happened in Gilmer.

Upshur County Indigent Care 1 updated
by Calvin_Monasco
Jun 18, 2011 | 1723 views | 2 2 comments | 209 209 recommendations | email to a friend | print | permalink

Calvin Monasco

1044 PR 1130 

Gilmer, Texas 75645

Calvin_monasco@yahoo.com

original 11-18-2010

updated 12-16-2010 added more details of my conversation with Mike Loyd about my right to appeal.

Dying in CorUpshur County”

              Attention all residents of Upshur County who have been denied Indigent Care. I to was denied Indigent Care through our County and did some research on the web regarding the Texas Statutes - Chapter 61: INDIGENT HEALTH CARE AND TREATMENT ACT and I believe that the good people of Upshur County have the right to know that they may be or may have already been wrongfully denied Health services with or without their knowledge that they as tax payers have earned the right to. We always hope and sometimes refuse to believe that we will ever need it. I know I never believed that I would end up in the position I am in today. Until just a few years ago, I was I would say a pretty successful Engineer in the Aerospace Industry. Big money, Stealth Fighters and Bombers to design and build, top secret clearance, never worried about money or my health. Whatever happened, I could always take care of it with my next paycheck and I lived that way, never put anything back for a rainy day. I wasn’t even concerned about health insurance. After going through a long period of high stress it hit me, I got real sick and couldn’t work much after many misdiagnoses and delayed diagnoses due to the fact I had no Insurance and even with the money that I had been making all those years there’s no way I could afford $10,000.00 dollars a day for hospital a stay. Anyway eventually I was rightfully diagnosed with a very rare autoimmune disorder where my body was no longer capable of producing healthy red cells called pure red cell aplasia.  I guess the easiest way to describe this is my body is now trying to kill it’s self.  I had a similar situation about 15 years prior to that high stress due to multiple deaths in the family, long period of unemployment and divorce brought on another autoimmune disorder called Grave’s disease. Beware of your emotions they can kill you. Anyway I continued to work as long as I could and was terminated from my job a few months back. They told me they understood that I’ve been sick and all that but they needed someone more dependable.  Now I have no money no income and no way to pay for Doctors, Lab, Transfusions or prescriptions drugs etc. I’ve been without all my medicines including chemo that I am suppose to take daily for over month. I’ve tried all types of government and non government agencies and continue to be declined help. Twenty days ago I was denied Indigent Care from Upshur County for failure to present a current (within the last 30 days) SSI/Medicaid denial from Social Security Administration and also from the Division of Rehabilitations which I now call the Upshur County loop hole. They know no slow Social Security can be and use this quite often I’m sure. I know I should have done this sooner but I went down and applied for SSI/Medicaid and Social Security Disability. As you may be aware it can take up to 18 months to get Disability if you get it. So I went by the Division of Rehabilitation Services in which was not aware even existed and was told they could do nothing for me. Now armed with a copy of my application from Social Security I went by the County Indigent Care office again and was told I must have a denial letter, the fact that I had applied was not enough. So I went home and researched the Texas State Law on Indigent Care and found that by State Law I am not even required have the things that Upshur County said was my reason for denial. Anyway I went down today and filed a request for fair hearing to appeal Upshur County’s denial to provide me Indigent Care which I lawfully deserve as stated by the Texas Department of health. Mike Loyd was not in so I left the request with my Commissioner James Crittenden and asked if he would give it to Mike Loyd when he returned to work the next day. I stopped by Mr. Loyd's office a few days later to check on my appeal. When I asked Mr. Loyd about it he through my letter of request for appeal at me Yelling "You are denied, I don't work for Crittenden". I asked Mr. Loyd who he does work for and he screamed "Nobody". I then asked does this mean I don't get a hearing and he yelled "No you don't get a hearing because you went to Crittenden". I then got up from my seat and started for the door, turned and asked what you suggest I do, just die? He then got up from his chair and started toward me red faced and yelling at the top of his lounges "If I was you I would go to the state hospital in Galveston. You are denied, you don't get to appeal and I don't work for Crittenden". I have yet to get with my Attorneys about this and believe me, I’m no Lawyer and I could be wrong about some of this but I doubt I’m wrong about much. It’s all spelled out pretty black and white, except what I made red all over. Anyway following in this blog is what I found out. I think you may be surprised. If any of you have a similar story I would live to from you. Enough about me, let’s move on get to the point.

I have learned that when an elected official of Upshur County tells you [That’s the least I can do for you, they really mean it, literally!]

Never stand between a dying man and his medicine. That’s just wrong.

The following is what I found in my research. I tried to use hyperlinks as much as possible so everyone could these Laws on the web for themselves in case any has disbelief of its authenticity.

 

Please pay special attention to:

 

TEX HS. CODE ANN. § 61.003

(a) means I am a resident of Upshur County.

TEX HS. CODE ANN. § 61.006

(b) means no one below 27% poverty level can be denied Indigent care for any reason so I must be approved by State Law because I am at 0% poverty level

 (c) means I am entitle to medical benefits equal to Medicaid.

(e) B. “Except as provided by Section 61.023(b)” means that I am entitle to the above benefits even if am receiving or I am eligible to receive Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits.

 

TEX HS. CODE ANN. § 61.007

(1), (2), (3), (4), (5), (6), (7) and (8) means I have provided all the information required by the State of Texas and If you will notice: nothing was nothing said about presenting a current SSI/Medicaid denial from Social Security Administration or a current denial from the Division of Rehabilitative Services, in which Upshur County Indigent Care claims to be there reason of denial.

TEX HS. CODE ANN. § 61.008(a)

(1) My home is my homestead.

(2) My car has been repossessed do to my illness and my Attorney fees.

(3) I have no work-related and child care expenses.

(4) I have no real property other than a homestead.

(5) I have not transferred title to real property.

(b) I have no real property other than my homestead.

Therefore I am entitled to all the benefits mentioned above in TEX HS. CODE ANN. § 61.006(b) and (c)

TEX HS. CODE ANN. § 61.0221 means Upshur County can do more for its residents than the State of Texas requires of them law.

TEX HS. CODE ANN. § 61.023

(b) means Upshur County a less restrictive standard of eligibility for me because I am below 50% poverty level.

TEX HS. CODE ANN. § 61.024

(b) means the county is in violation of Texas State Law because they use application, documentation, and verification procedures that are stricter than those established by the department under Sections 61.006 and 61.007

(j) means that I Calvin David Monasco by this written notice on the 18th day of November year 2010 request a fair hearing to appeal Upshur County’s decision to deny me my rites by law to Indigent Care as stated by the Texas Department of Health

TEX HS. CODE ANN. § 61.028

(b) means again that Upshur County is allowed to do more for its residents than required of them by Texas State Law.

TEX HS. CODE ANN. § 61.0285

(a) means again that Upshur County can do more for its residents than is required of them by Texas State Law.

(c) means again that Upshur County can do more for its residents than is required of them by Texas State Law.

And if you believe I made it up, just click the links provided herein and see for yourself.

The only statute referred to by my notice of denial of Indigent Care is TEX HS. CODE ANN. § 61.022. (b) The county is the payor of last resort and shall provide assistance only if other adequate public or private sources of payment are not available. As a matter of fact the man who works in Indigent Care for Upshur County has repeated this fraise to me multiple times. A bit misleading, don’t you think?

I hope this information will of use to some of you. If you’re anything like me, I know you hate to be robbed of what is rightfully yours.

Due to limited space on this blog post I had to split this up get the message across.

Please go to blog post Upshur County Indigent Care 2 to continue your reading.

This will begin with the Texas Statutes - Chapter 61: INDIGENT HEALTH CARE AND TREATMENT ACT

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Calvin Monasco
|
December 17, 2010
anonymous,

I think I see what you are trying to say. You seem to think that all Upshur County tax payers would rather get one peanut each from the county than see anyone get help with a chronic disease even if it means that one tax payer must die. Who elected you to be the voice of all Upshur County tax payers? Maybe some of Upshur County tax payers aren't as self centered as you and care about human life.

Upshur County Indigent Care violates Texas statutes
by Calvin_Monasco
Jun 18, 2011 | 1322 views | 0 0 comments | 184 184 recommendations | email to a friend | print | permalink

“CorUpshur County”

 

I have found the Upshur County Indigent Care System to be in violation of the following statutes and have been in contact with the Texas Department of Health and Human Services. These statutes are as follows.

 

TEX HS. CODE ANN. § 61.006 (b), (c) and (e,B)

(b) No one below 21% poverty level can be denied Indigent care for any reason so I must be approved by State Law because I am at 0% poverty level

(e,B)I am entitle to the above benefits even if am receiving or I am eligible to receive Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits.

So how could I possibly be denied for not supplying proof of denial for disability? 

TEX HS. CODE ANN. § 61.007 (1), (2), (3), (4), (5), (6), (7) and (8)

I have provided all the information required by the State of Texas and If you will notice: nothing was nothing said about presenting a current SSI/Medicaid denial from Social Security Administration or a current denial from the Division of Rehabilitative Services, in which Upshur County Indigent Care claims to be there reason of denial.

TEX HS. CODE ANN. § 61.023  (3b)

Upshur County can use a less restrictive standard of eligibility for me because I am below 50% poverty level  and the County can even be reimbursed by the state by Federal law.

TEX HS. CODE ANN. § 61.024

(b) Upshur County is in violation of Texas State Law because they use application, documentation, and verification procedures that are stricter than those established by the department under Sections 61.006 and 61.007

(j) Upshur County is in violation of Texas State Law because they will not accept my request for fair hearing to appeal Upshur County’s decision to deny me my rites by law to Indigent Care as stated by the Texas Department of Health.

The man in charge of Indigent Care for Upshur County Mr. Mike Loyd, told me today 11-19-10 in his office that he would not accept my request for appeal and handed it back to me while yelling at me “You didn’t provide proof of denial for Disability, you were denied and Commissioner Crittenden is not his boss.”

click here: Mr. Loyd of Upshur Count Indigent Care did this before

They are denying needy people, so where is the money going? Who is protecting Mike Loyd and Why?

UPSHUR COUNTY COMMISSIONERS COURT

 

June 30, 2008 9:00 a.m.

 

Commissioners met in regular session with all members present.

Gilmer Cable was not present at the meeting.

 

1.                           Public comment:

Mrs. Harvey  spoke of a problem she was having with Mike Loyd of the Indigent Health Care.  She was trying to get help for her mother Donna Drennen who desperately needs help with her medication and doctor bills.  Mrs. Harvey stated that Mr. Loyd was incapable of doing his job without being rude, or flat out lying.  She thinks that he has had enough reprimands about his impolite behavior.  He doesn’t know how to do his job, and something more needs to be done about this. He has no knowledge of doing his job. We have been told by several members that he has no knowledge of doing his job.   Mr. Loyd told her that one of the programs that she had applied for needed a denial letter. After contacting the office where they get a denial letter they told her that she was not eligible for that program, “so why would he ask for it.”  “He does not have any knowledge of the job, and does not know how to do it. He absolutely has no manners as a civil servant.  I ask that he be more than reprimanded, he needs to be terminated.  Find someone else that can do his job.  I think a formal reprimand is not enough.  I think you need someone else in his position.” Ms. Harvey said she thought he wore enough hats with Veterans Services. “He does not know anything about Indigent Health Care, and you need to find someone that does.”

 

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Upshur County Indigent Care 3
by Calvin_Monasco
Jun 18, 2011 | 1059 views | 0 0 comments | 162 162 recommendations | email to a friend | print | permalink

 

Dying in CorUpshur County”

 

 

Texas Statutes - Subchapter B: COUNTY RESPONSIBILITY FOR PERSONS NOT RESIDING IN AN AREA SERVED BY A PUBLIC HOSPITAL OR HOSPITAL DISTRICT

Section 61.021 APPLICATION OF SUBCHAPTER

·       Section 61.022 COUNTY OBLIGATION

·       Section 61.0221 AUTHORITY RELATING TO OTHER ASSISTANCE PROGRAMS

·       Section 61.023 GENERAL ELIGIBILITY PROVISIONS

·       Section 61.024 COUNTY APPLICATION PROCEDURE

·       Section 61.025 COUNTY AGREEMENT WITH MUNICIPALITY

·       Section 61.026 REVIEW OF ELIGIBILITY

·       Section 61.027 CHANGE IN ELIGIBILITY STATUS

·       Section 61.028 BASIC HEALTH CARE SERVICES

·       Section 61.0285 OPTIONAL HEALTH CARE SERVICES

·       Section 61.029 PROVISION OF HEALTH CARE SERVICES

·       Section 61.030 MANDATED PROVIDER

·       Section 61.031 NOTIFICATION OF PROVISION OF NONEMERGENCY SERVICES

·       Section 61.032 NOTIFICATION OF PROVISION OF EMERGENCY SERVICES

·       Section 61.033 PAYMENT FOR SERVICES

·       Section 61.034 PAYMENT STANDARDS FOR HEALTH CARE SERVICES

·       Section 61.035 LIMITATION OF COUNTY LIABILITY

·       Section 61.036 DETERMINATION OF ELIGIBILITY FOR PURPOSES OF STATE ASSISTANCE

·       Section 61.037 COUNTY ELIGIBILITY FOR STATE ASSISTANCE

·       Section 61.038 DISTRIBUTION OF ASSISTANCE FUNDS

·       Section 61.039 FAILURE TO PROVIDE STATE ASSISTANCE

·       Section 61.0395 LIMITED TO APPROPRIATED FUNDS

·       Section 61.040 TAX INFORMATION

·       Section 61.041 COUNTY REPORTING

·       Section 61.042 EMPLOYMENT SERVICES PROGRAM

·       Section 61.043 PREVENTION AND DETECTION OF FRAUD

·       Section 61.044 SUBROGATION

 

TEX HS. CODE ANN. § 61.021 : Texas Statutes - Section 61.021: APPLICATION OF SUBCHAPTER

This subchapter applies to health care services and assistance provided to a person who does not reside in the service area of a public hospital or hospital district.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

 

TEX HS. CODE ANN. § 61.022 : Texas Statutes - Section 61.022: COUNTY OBLIGATION

(a) A county shall provide health care assistance as prescribed by this subchapter to each of its eligible county residents.

(b) The county is the payor of last resort and shall provide assistance only if other adequate public or private sources of payment are not available.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

TEX HS. CODE ANN. § 61.0221 : Texas Statutes - Section 61.0221: AUTHORITY RELATING TO OTHER ASSISTANCE PROGRAMS

This subchapter does not affect the authority of the commissioners court of a county to provide eligibility standards or other requirements relating to assistance programs or services that are not covered by this subchapter.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(g), eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.023 : Texas Statutes - Section 61.023: GENERAL ELIGIBILITY PROVISIONS

(a) A person is eligible for assistance under this subchapter if:

(1) the person does not reside in the service area of a public hospital or hospital district;

(2) the person meets the basic income and resources requirements established by the department under Sections 61.006 and 61.008 and in effect when the assistance is requested; and

(3) no other adequate source of payment exists.

(b) A county may use a less restrictive standard of eligibility for residents than prescribed by Subsection (a). A county may credit toward eligibility for state assistance under this subchapter the services provided to each person who is an eligible resident under a standard that incorporates a net income eligibility level that is less than 50 percent of the federal poverty level based on the federal Office of Management and Budget poverty index.         

2010 POVERTY GUIDELINES*

MONTHLY GUIDELINES

FAMILY PERCENT OF POVERTY GUIDELINE

 (c) A county may contract with the department to perform eligibility determination services.

(d) Not later than the beginning of a state fiscal year, the county shall adopt the eligibility standards it will use during that fiscal year and shall make a reasonable effort to notify the public of the standards. The county may change the eligibility standards to make them more or less restrictive than the preceding standards, but the standards may not be more restrictive than the standards established by the department under Section 61.006.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.10(a), eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 1377, Sec. 1.06, eff. Sept. 1, 1999.

Acts 1999, 76th Leg., ch. 1377, Sec. 1.04, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1128, Sec. 1, 7 eff. Sept. 1, 2001.

TEX HS. CODE ANN. § 61.024 : Texas Statutes - Section 61.024: COUNTY APPLICATION PROCEDURE

(a) A county shall adopt an application procedure.

(b) The county may use the application, documentation, and verification procedures established by the department under Sections 61.006 and 61.007 or may use a less restrictive application, documentation, or verification procedure.

(c) Not later than the beginning of a state fiscal year, the county shall specify the procedure it will use during that fiscal year to verify eligibility and the documentation required to support a request for assistance and shall make a reasonable effort to notify the public of the application procedure.

(d) The county shall furnish an applicant with written application forms.

(e) On request of an applicant, the county shall assist the applicant in filling out forms and completing the application process. The county shall inform an applicant of the availability of assistance.

(f) The county shall require an applicant to sign a written statement in which the applicant swears to the truth of the information supplied.

(g) The county shall explain to the applicant that if the application is approved, the applicant must report to the county any change in income or resources that might affect the applicant's eligibility. The report must be made not later than the 14th day after the date on which the change occurs. The county shall explain the possible penalties for failure to report a change.

(h) The county shall review each application and shall accept or deny the application not later than the 14th day after the date on which the county receives the completed application.

(i) The county shall provide a procedure for reviewing applications and for allowing an applicant to appeal a denial of assistance.

(j) The county shall provide an applicant written notification of the county's decision. If the county denies assistance, the written notification shall include the reason for the denial and an explanation of the procedure for appealing the denial.

(k) The county shall maintain the records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted.

(l) If an applicant is denied assistance, the applicant may resubmit an application at any time circumstances justify a redetermination of eligibility.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

TEX HS. CODE ANN. § 61.025 : Texas Statutes - Section 61.025: COUNTY AGREEMENT WITH MUNICIPALITY

(a) This section applies to a municipality that has a population of less than 15,000, that owns, operates, or leases a hospital, and that has made a transfer agreement before August 31, 1989, by the adoption of an ordinance, resolution, or order by the commissioners court and the governing body of the municipality.

(b) The transfer agreement may transfer partial responsibility to the county under which the municipal hospital continues to provide health care services to eligible residents of the municipality, but the county agrees to assume the hospital's responsibility to reimburse other providers who provide:

(1) mandatory inpatient or outpatient services to eligible residents that the municipal hospital cannot provide; or

(2) emergency services to eligible residents.

(c) The hospital is a public hospital for the purposes of this chapter, but it does not have a responsibility to provide reimbursement for services it cannot provide or for emergency services provided in another facility.

(d) Expenditures made by the county under Subsection (b) may be credited toward eligibility for state assistance under this subchapter if the person who received the health care services meets the eligibility standards established under Section 61.052 and would have been eligible for assistance under the county program if the person had not resided in a public hospital's service area.

(e) The agreement to transfer partial responsibility to a county under this section must take effect on a September 1 that occurs not later than two years after the date on which the county and municipality agree to the transfer. A county and municipality may not revoke or amend an agreement made under this section, except that the county may revoke or amend the agreement if a hospital district is created after the effective date of the agreement and the boundaries of the district cover all or part of the county.

(f) The county, the hospital, and any other entity in the county that provides services under this chapter shall adopt coordinated application and eligibility verification procedures. In establishing the coordinated procedures, the county and other entities shall focus on facilitating the efficient and timely referral of residents to the proper entity in the county. In addition, the procedures must comply with the requirements of Sections 61.024 and 61.053. Expenditures made by a county in establishing the coordinated procedures prescribed by this section may not be credited toward eligibility for state assistance under this subchapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1377, Sec. 1.07, eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.026 : Texas Statutes - Section 61.026: REVIEW OF ELIGIBILITY

A county shall review at least once every six months the eligibility of a resident for whom an application for assistance has been granted and who has received assistance under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

TEX HS. CODE ANN. § 61.027 : Texas Statutes - Section 61.027: CHANGE IN ELIGIBILITY STATUS

(a) An eligible resident must report any change in income or resources that might affect the resident's eligibility. The report must be made not later than the 14th day after the date on which the change occurs.

(b) If an eligible resident fails to report a change in income or resources as prescribed by this section and the change has made the resident ineligible for assistance under the standards adopted by the county, the resident is liable for any benefits received while ineligible. This section does not affect a person's criminal liability under any relevant statute.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

TEX HS. CODE ANN. § 61.028 : Texas Statutes - Section 61.028: BASIC HEALTH CARE SERVICES

(a) A county shall, in accordance with department rules adopted under Section 61.006, provide the following basic health care services:

(1) primary and preventative services designed to meet the needs of the community, including:

(A) immunizations;

(B) medical screening services; and

(C) annual physical examinations;

(2) inpatient and outpatient hospital services;

(3) rural health clinics;

(4) laboratory and X-ray services;

(5) family planning services;

(6) physician services;

(7) payment for not more than three prescription drugs a month; and

(8) skilled nursing facility services, regardless of the patient's age.

(b) The county may provide additional health care services, but may not credit the assistance toward eligibility for state assistance, except as provided by Section 61.0285.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1377, Sec. 1.08, eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.0285 : Texas Statutes - Section 61.0285: OPTIONAL HEALTH CARE SERVICES

(a) In addition to basic health care services provided under Section 61.028, a county may, in accordance with department rules adopted under Section 61.006, provide other medically necessary services or supplies that the county determines to be cost-effective, including:

(1) ambulatory surgical center services;

(2) diabetic and colostomy medical supplies and equipment;

(3) durable medical equipment;

(4) home and community health care services;

(5) social work services;

(6) psychological counseling services;

(7) services provided by physician assistants, nurse practitioners, certified nurse midwives, clinical nurse specialists, and certified registered nurse anesthetists;

(8) dental care;

(9) vision care, including eyeglasses;

(10) services provided by federally qualified health centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B);

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Upshur County Indigent Care 2
by Calvin_Monasco
Jun 18, 2011 | 1532 views | 0 0 comments | 162 162 recommendations | email to a friend | print | permalink

 

Dying in CorUpshur County”

 

Texas Statutes - Chapter 61: INDIGENT HEALTH CARE AND TREATMENT ACT

·       Subchapter A GENERAL PROVISIONS 

·       Subchapter B COUNTY RESPONSIBILITY FOR PERSONS NOT RESIDING IN AN AREA SERVED BY A PUBLIC HOSPITAL OR HOSPITAL DISTRICT

·       Subchapter C PERSONS WHO RESIDE IN AN AREA SERVED BY A PUBLIC HOSPITAL OR HOSPITAL DISTRICT

 

Texas Statutes - Subchapter A: GENERAL PROVISIONS

·       Section 61.001 SHORT TITLE

·       Section 61.002 DEFINITIONS

·       Section 61.003 RESIDENCE

·       Section 61.004 RESIDENCE OR ELIGIBILITY DISPUTE

·       Section 61.0045 INFORMATION NECESSARY TO DETERMINE ELIGIBILITY

·       Section 61.005 CONTRIBUTION TOWARD COST OF ASSISTANCE

·       Section 61.006 STANDARDS AND PROCEDURES

·       Section 61.007 INFORMATION PROVIDED BY APPLICANT

·       Section 61.008 ELIGIBILITY RULES

·       Section 61.009 REPORTING REQUIREMENTS

·       Section 61.010 DEDICATED TAX REVENUES

·       Section 61.011 SERVICES BY STATE HOSPITAL OR CLINIC

 

TEX HS. CODE ANN. § 61.001 : Texas Statutes - Section 61.001: SHORT TITLE

This chapter may be cited as the Indigent Health Care and Treatment Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

TEX HS. CODE ANN. § 61.002 : Texas Statutes - Section 61.002: DEFINITIONS

In this chapter:

(1) "Department" means the Texas Department of Health.

(2) "Eligible county resident" means an eligible resident of a county who does not reside in the service area of a public hospital or hospital district.

(3) "Eligible resident" means a person who meets the income and resources requirements established by this chapter or by the governmental entity, public hospital, or hospital district in whose jurisdiction the person resides.

(4) "Emergency services" has the meaning assigned by Chapter 773.

(5) "General revenue levy" means:

(A) the property taxes imposed by a county that are not dedicated to the construction and maintenance of farm-to-market roads or to flood control under Article VIII, Section 1-a, of the Texas Constitution or that are not dedicated to the further maintenance of the public roads under Article VIII, Section 9, of the Texas Constitution; and

(B) the sales and use tax revenue to be received by the county during the calendar year in which the state fiscal year begins under Chapter 323, Tax Code, as determined under Section 26.041(d), Tax Code.

(6) "Governmental entity" includes a county, municipality, or other political subdivision of the state, but does not include a hospital district or hospital authority.

(7) "Hospital district" means a hospital district created under the authority of Article IX, Sections 4-11, of the Texas Constitution.

(8) "Mandated provider" means a person who provides health care services, is selected by a county, public hospital, or hospital district, and agrees to provide health care services to eligible residents, including the primary teaching hospital of a state medical school located in a county which does not have a public hospital or hospital district, and the faculty members practicing in both the inpatient and outpatient care facilities affiliated with the teaching hospital.

(9) "Medicaid" means the medical assistance program provided under Chapter 32, Human Resources Code.

(10) "Public hospital" means a hospital owned, operated, or leased by a governmental entity, except as provided by Section 61.051.

(11) "Service area" means the geographic region in which a governmental entity, public hospital, or hospital district has a legal obligation to provide health care services.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 14, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 8.119, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1377, Sec. 1.01, eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.003 : Texas Statutes - Section 61.003: RESIDENCE

(a) For purposes of this chapter, a person is presumed to be a resident of the governmental entity in which the person's home or fixed place of habitation to which the person intends to return after a temporary absence is located. However, if a person's home or fixed place of habitation is located in a hospital district, the person is presumed to be a resident of that hospital district.

(b) If a person does not have a residence, the person is a resident of the governmental entity or hospital district in which the person intends to reside.

(c) Intent to reside may be evidenced by any relevant information, including:

(1) mail addressed to the person or to the person's spouse or children if the spouse or children live with the person;

(2) voting records;

(3) automobile registration;

(4) Texas driver's license or other official identification;

(5) enrollment of children in a public or private school; or

(6) payment of property tax.

(d) A person is not considered a resident of a governmental entity or hospital district if the person attempted to establish residence solely to obtain health care assistance.

(e) The burden of proving intent to reside is on the person requesting assistance.

(f) For purposes of this chapter, a person who is an inmate or resident of a state school or institution operated by the Texas Department of Corrections, Texas Department of Mental Health and Mental Retardation, Texas Youth Commission, Texas School for the Blind, Texas School for the Deaf, or any other state agency or who is an inmate, patient, or resident of a school or institution operated by a federal agency is not considered a resident of a hospital district or of any governmental entity except the state or federal government.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

TEX HS. CODE ANN. § 61.004 : Texas Statutes - Section 61.004: RESIDENCE OR ELIGIBILITY DISPUTE

(a) If a provider of assistance and a governmental entity or hospital district cannot agree on a person's residence or whether a person is eligible for assistance under this chapter, the provider or the governmental entity or hospital district may submit the matter to the department.

(b) The provider of assistance and the governmental entity or hospital district shall submit all relevant information to the department in accordance with the application, documentation, and verification procedures established by the department under Section 61.006.

(c) If the department determines that another governmental entity or hospital district may be involved in the dispute, the department shall notify the governmental entity or hospital district and allow the governmental entity or hospital district to respond.

(d) From the information submitted, the department shall determine the person's residence or whether the person is eligible for assistance under this chapter, as appropriate, and shall notify each governmental entity or hospital district and the provider of assistance of the decision and the reasons for the decision.

(e) If a governmental entity, hospital district, or provider of assistance does not agree with the department's decision, the governmental entity, hospital district, or provider of assistance may file an appeal with the department. The appeal must be filed not later than the 30th day after the date on which the governmental entity, hospital district, or provider of assistance receives notice of the decision.

(f) The department shall issue a final decision not later than the 45th day after the date on which the appeal is filed.

(g) A governmental entity, hospital district, or provider of assistance may appeal the final order of the department under Chapter 2001, Government Code, using the substantial evidence rule on appeal.

(h) Service may not be denied pending an administrative or judicial review of residence.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1377, Sec. 1.02, eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.0045 : Texas Statutes - Section 61.0045: INFORMATION NECESSARY TO DETERMINE ELIGIBILITY

(a) Any provider, including a mandated provider, public hospital, or hospital district, that delivers health care services to a patient who the provider suspects is an eligible resident of the service area of a county, hospital district, or public hospital under this chapter may require the patient to:

(1) provide any information necessary to establish that the patient is an eligible resident of the service area of the county, hospital district, or public hospital; and

(2) authorize the release of any information relating to the patient, including medical information and information obtained under Subdivision (1), to permit the provider to submit a claim to the county, hospital district, or public hospital that is liable for payment for the services as described by Section 61.033 or 61.060.

(b) A county, hospital district, or public hospital that receives information obtained under Subsection (a) shall use the information to determine whether the patient to whom services were provided is an eligible resident of the service area of the county, hospital district, or public hospital and, if so, shall pay the claim made by the provider in accordance with this chapter.

(c) The application, documentation, and verification procedures established by the department for counties under Section 61.006 may include a standard format for obtaining information under Subsection (a) to facilitate eligibility and residence determinations.

Added by Acts 1999, 76th Leg., ch. 1377, Sec. 1.03, eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.005 : Texas Statutes - Section 61.005: CONTRIBUTION TOWARD COST OF ASSISTANCE

(a) A county, public hospital, or hospital district may request an eligible resident receiving health care assistance under this chapter to contribute a nominal amount toward the cost of the assistance.

(b) The county, public hospital, or hospital district may not deny or reduce assistance to an eligible resident who cannot or refuses to contribute.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

TEX HS. CODE ANN. § 61.006 : Texas Statutes - Section 61.006: STANDARDS AND PROCEDURES

(a) The department shall establish minimum eligibility standards and application, documentation, and verification procedures for counties to use in determining eligibility under this chapter.

(b) The minimum eligibility standards must incorporate a net income eligibility level equal to 21 percent of the federal poverty level based on the federal Office of Management and Budget poverty index.*

*My monthly income is $0.00 this (b) means no one below 27% poverty level can be denied Indigent care for any reason so I must be approved by State Law because I am at 0% poverty level


2010 POVERTY GUIDELINES*

(b-1) Expired.

(b-2) Repealed by Acts 2001, 77th Leg., ch. 1128, Sec. 7, eff. Sept. 1, 2001.

(c) The department shall also define the services and establish the payment standards for the categories of services listed in Sections 61.028(a) and 61.0285 in accordance with Texas Department of Human Services rules relating to the Temporary Assistance for Needy Families-Medicaid program.

(d) The department shall establish application, documentation, and verification procedures that are consistent with the analogous procedures used to determine eligibility in the Temporary Assistance for Needy Families-Medicaid program. The department may not adopt a standard or procedure that is more restrictive than the Temporary Assistance for Needy Families-Medicaid program or procedures.

(e) The department shall ensure that each person who meets the basic income and resources requirements for Temporary Assistance for Needy Families program payments but who is categorically ineligible for Temporary Assistance for Needy Families will be eligible for assistance under Subchapter

B. Except as provided by Section 61.023(b), the department by rule shall also provide that a person who receives or is eligible to receive Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits is not eligible for assistance under Subchapter B even if the person has exhausted a part or all of that person's benefits.

(f) The department shall notify each county and public hospital of any change to department rules that affect the provision of services under this chapter.

(g) Notwithstanding Subsection (a), (b), or (c) or any other provision of law, the department shall permit payment to a licensed dentist for services provided under Sections 61.028(a)(4) and (6) if the dentist can provide those services within the scope of the dentist's license.

(h) Notwithstanding Subsection (a), (b), or (c), the department shall permit payment to a licensed podiatrist for services provided under Sections 61.028(a)(4) and (6), if the podiatrist can provide the services within the scope of the podiatrist's license.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.09(a), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 15, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 8.120, eff. Sept. 1, 1995;

TEX HS. CODE ANN. § 61.007 : Texas Statutes - Section 61.007: INFORMATION PROVIDED BY APPLICANT

The department by rule shall require each applicant to provide at least the following information:

(1) the applicant's full name and address;*

(2) the applicant's social security number, if available;*

(3) the number of persons in the applicant's household, excluding persons receiving Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits;*

(4) the applicant's county of residence;*

(5) the existence of insurance coverage or other hospital or health care benefits for which the applicant is eligible;*

(6) any transfer of title to real property that the applicant has made in the preceding 24 months;*

(7) the applicant's annual household income, excluding the income of any household member receiving Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits; and*

(8) the amount of the applicant's liquid assets and the equity value of the applicant's car and real property.*

*If you will notice: nothing was nothing said about presenting a current SSI/Medicaid denial from Social Security Administration or a current denial from the Division of Rehabilitative Services, in which Upshur County Indigent Care claims to be there reason of denial.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1377, Sec. 1.04, eff. Sept. 1, 1999.

TEX HS. CODE ANN. § 61.008 : Texas Statutes - Section 61.008: ELIGIBILITY RULES

(a) The department by rule shall provide that in determining eligibility:

(1) a county may not consider the value of the applicant's homestead;

(2) a county must consider the equity value of a car that is in excess of the amount exempted under department guidelines as a resource;

(3) a county must subtract the work-related and child care expense allowance allowed under department guidelines;

(4) a county must consider as a resource real property other than a homestead and, except as provided by Subsection (b), must count that property in determining eligibility; and

(5) if an applicant transferred title to real property for less than market value to become eligible for assistance under this chapter, the county may not credit toward eligibility for state assistance an expenditure for that applicant made during a two-year period beginning on the date on which the property is transferred.

(b) A county may disregard the applicant's real property if the applicant agrees to an enforceable obligation to reimburse the county for all or part of the benefits received under this chapter. The county and the applicant may negotiate the terms of the obligation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

 

Due to limited space on this blog post I had to split this up get the message across.

Please go to blog post Upshur County Indigent Care 3 to continue your reading.

This will begin with the

Texas Statutes - Subchapter B: COUNTY RESPONSIBILITY FOR PERSONS NOT RESIDING IN AN AREA SERVED BY A PUBLIC HOSPITAL OR HOSPITAL DISTRICT

 

 

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