Medicaid Application Process

Federal law requires that anyone who wishes to apply for a Medicaid program be allowed to file an application without delay, regardless of the person's ultimate eligibility for assistance.

Anyone may assist the applicant, guardian, power of attorney or authorized representative in completing an application form. If someone does assist, the section of the application for assistance beginning "Name of Person Completing Form" (if different from applicant/recipient) should be completed. An Elder Law Firm will generally stream line the application process, thus eliminating delays.

An applicant, authorized representative or someone acting responsibly for the applicant (if the applicant is incompetent or incapacitated) may sign an application for assistance. The application for assistance must be signed under penalty of perjury.

The Texas Health and Human Services Commission will begin the application review with:  

  • A completed, signed and dated application for assistance
  • All required verification documents
  • A medical necessity or level of care is assigned
  • The person enters a Medicaid-contracted bed (or facility) in a facility
  • The person has remained in at least one or more Medicaid-contracted beds (facilities) for at least 30 consecutive days. Hospital stays and therapeutic home visits do not break the 30-consecutive day requirement

Once the application has been received, HHSC requires 45 days from date of application to render a decision.

If the application requires a review by HHSC’s legal department, additional time will be required. A legal review becomes necessary if the application submitted contains:

  • Trusts- such a Miller Trust, Revocable Trust, Irrevocable Trust, Special Needs Trust
  • Legal Agreements- Family Limited Partnerships, Promissory Notes, Loan and Property Agreements
  • Immediate Annuities
  • UGMA-Uniform Gift to Minors Act transfers

DISCLAIMER: Nothing on this page is intended to be legal advice, nor should it be interpreted as legal advice. If you have questions regarding these legal concepts, you should consult an attorney immediately. We will be happy to schedule a free initial consultation with you to help you to understand your options under the law.