I want to rephrase my previous question:

Even though Section 61.028(a)(7) of the Health and Safety Code and 25 TAC sec. 14.201(a)(4)(the State Dept. of Health regulation interpreting Section 61.028(a)(7)) merely state that a county must pay for up to three prescriptions per indigent health services client per month, without putting any limitation on what those prescriptions may be, can a county, by written policy, add such restrictions, e.g, adopt a policy not to pay for Viagra, or hormone therapy, etc.?

I have received, from our indigent health director, a copy of policies from another county that contains such restrictions. I just don't see the authority to do it.

The Dept of State Health Services oversees the county indigent healthcare program (CIHCP). From their website, the following:

Question:
May a county limit its CIHCP clients to generic medications, when generic form is available?

Answer:
Counties may implement local policy regarding prescription drugs. Please refer to Chapter 61, Section 61.028 (7) which states "payment for not more than three prescription drugs a month."

http://www.dshs.state.tx.us/ci...Q/cihcp_faq.shtm#GQ2

Their website is at http://www.dshs.state.tx.us/cihcp/default.shtm They have a phone number on that site; perhaps some knowledgable person there can offer authority for their FAQ position.