| (a) Children and young adults in the following categories
are eligible to participate in the STAR Health program:
(1) a child in the conservatorship of the Texas Department
of Family and Protective Services (DFPS), if the state as conservator
elects to place the child in the STAR Health program;
(2) a young adult from age 18 through the month of
his or her 22nd birthday who voluntarily agrees to continue in foster
care placement, if the state as conservator elects to place the child
in the STAR Health program; and
(3) a young adult from age 18 through the month of
his or her 21st birthday who is an FFCC member or participating in
the MTFCY Program.
(b) A young adult described in subsection (a)(2) and
(3) of this section may choose to transfer from the STAR Health program
to the STAR program or STAR Kids program, if they meet the member
participation requirements in §353.802 of this chapter (relating
to Member Participation) or §353.1203 of this chapter (relating
to Member Participation).
(c) The following Medicaid recipients cannot participate
in the STAR Health program:
(1) Children and youth who have been adjudicated and
placed with the Texas Juvenile Justice Department (TJJD);
(2) Children and youth from other states who are placed
in Texas through the Interstate Compact Placement Commission (ICPC)
as defined by DFPS in 40 TAC Chapter 700, Subchapter S (relating to
Interstate Placement of Children);
(3) Children and youth in Medicaid-paid facilities
such as nursing facilities or state supported living centers;
(4) Children and youth who are in the conservatorship
of DFPS who are placed outside of Texas;
(5) Children and youth who are receiving adoption assistance
Medicaid as defined by DFPS in 40 TAC Chapter 700, Subchapter H (relating
to Adoption Assistance Program); and
(6) Children who are declared manifestly dangerous
as defined by the Texas Department of Health Services in accordance
with 25 TAC Chapter 415, Subchapter G (relating to Determination of
Manifest Dangerousness).
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| Source Note: The provisions of this §353.702 adopted to be effective March 1, 2012, 37 TexReg 1283; amended to be effective September 1, 2014, 39 TexReg 5873; amended to be effective November 1, 2016, 41 TexReg 8265; amended to be effective September 1, 2017, 42 TexReg 4273 |
