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TITLE 1 - ADMINISTRATION
PART 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 358 - MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIES
SUBCHAPTER C - FINANCIAL REQUIREMENTS
SECTION/RULE §358.385 - Cafeteria Plan Benefits
Chapter Review Date 07/31/2024

The Texas Health and Human Services Commission exempts cafeteria plan benefits as defined in and based on §125 of the Internal Revenue Code (IRC), except that:(1) cash received under a cafeteria plan in lieu of benefits is not exempt, but is counted as earned income; and(2) payroll deductions used to purchase cafeteria plan benefits in addition to or instead of those purchased under a salary reduction agreement are not exempt, but are part of the employee's wages and are counted as earned income.

Source Note: The provisions of this §358.385 adopted to be effective September 1, 2009, 34 TexReg 5497.

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