The Texas Supreme Court heard oral argument on a “prior occupancy” residency rule of the Department of Health and Human Services Commission that has been denying Medicaid benefits to a class of individuals.
The state agency is asking the court to reverse a Third District Court of Appeals order affirming a trial court finding that, “Under the Commission’s argument, an applicant can exempt his home if he lives there for one day before entering a nursing facility, but an applicant living in an apartment and in the process of buying a home who, the day before closing, suffers a fall requiring nursing care cannot.”
