| (a) A LIDDA must maintain an up-to-date interest list
of applicants interested in receiving TxHmL Program services for whom
the LIDDA is the applicant's designated LIDDA in the HHSC data system.
(b) A person may request that an applicant's name be
added to the TxHmL interest list by contacting the LIDDA serving the
Texas county in which the applicant or person resides.
(c) If a request is made in accordance with subsection
(b) of this section for an applicant who resides in Texas, a LIDDA
must add the applicant's name to the TxHmL interest list using the
date the LIDDA receives the request as the TxHmL interest list date.
(d) For an applicant determined diagnostically or functionally
ineligible during the enrollment process for the Community Living
Assistance and Support Services (CLASS) Program, Deaf-Blind with Multiple
Disabilities (DBMD) Program, or Medically Dependent Children Program
(MDCP):
(1) if the applicant's name is not on the TxHmL interest
list, at the request of the applicant or LAR, HHSC adds the applicant's
name to the TxHmL interest list using the applicant's interest list
date for the program for which the applicant was determined ineligible
as the TxHmL interest list date;
(2) if the applicant's name is on the TxHmL interest
list and the applicant's interest list date for the program for which
the applicant was determined ineligible is earlier than the applicant's
TxHmL interest list date, at the request of the applicant or LAR,
HHSC changes the applicant's TxHmL interest list date to the applicant's
interest list date for the program for which the applicant was determined
ineligible as the TxHmL interest list date; or
(3) if the applicant's name is on the TxHmL interest
list and the applicant's TxHmL interest list date is earlier than
the applicant's interest list date for the program for which the applicant
was determined ineligible, HHSC does not change the applicant's TxHmL
interest list date.
(e) This subsection applies to an applicant who was
enrolled in MDCP and, because the individual did not meet the LOC
criteria for medical necessity for nursing facility care or did not
meet the age requirement of being under 21 years of age, was determined
ineligible for MDCP after November 30, 2019.
(1) At the request of the applicant or LAR, HHSC adds
the applicant's name to the TxHmL interest list:
(A) using the MDCP interest list date as the TxHmL
interest list date, if the applicant's name is not on the TxHmL interest
list but it was previously on the TxHmL interest list; or
(B) using the date HHSC receives the request as the
TxHmL interest list date, if the applicant's name is not on the TxHmL
interest list and it never has been on the TxHmL interest list.
(2) At the request of the applicant or LAR, HHSC changes
the TxHmL interest list date to the MDCP interest list date if the
applicant's MDCP interest list date is earlier than the applicant's
TxHmL interest list date.
(f) HHSC or the LIDDA removes an applicant's name from
the TxHmL interest list if:
(1) the applicant or LAR requests in writing that the
applicant's name be removed from the TxHmL interest list;
(2) the applicant moves out of Texas, unless the applicant
is a military family member living outside of Texas:
(A) while the military member is on active duty; or
(B) for less than one year after the former military
member's active duty ends;
(3) the applicant declines an offer of TxHmL Program
services or, as described in §262.103(f) of this subchapter (relating
to Process for Enrollment of Applicants), an offer of TxHmL Program
services is withdrawn, unless the applicant is a military family member
living outside of Texas:
(A) while the military member is on active duty; or
(B) for less than one year after the former military
member's active duty ends;
(4) the applicant is a military family member living
outside of Texas for more than one year after the former military
member's active duty ends;
(5) the applicant is deceased; or
(6) HHSC has denied the applicant enrollment in the
TxHmL Program and the applicant or LAR has had an opportunity to exercise
the applicant's right to appeal the decision in accordance with §262.601
of this chapter (relating to Fair Hearing) and did not appeal the
decision, or appealed and did not prevail.
(g) If HHSC or the LIDDA removes an applicant's name
from the TxHmL interest list in accordance with subsection (f)(1)
- (4) of this section and, within 90 calendar days after the name
was removed, the LIDDA receives an oral or written request from a
person to add the applicant's name to the TxHmL interest list:
(1) the LIDDA must notify HHSC of the request; and
(2) HHSC:
(A) adds the applicant's name to the TxHmL interest
list using the TxHmL interest list date that was in effect at the
time the applicant's name was removed from the TxHmL interest list;
and
(B) notifies the applicant or LAR in writing that the
applicant's name has been added to the TxHmL interest list in accordance
with subparagraph (A) of this paragraph.
(h) If HHSC or the LIDDA removes an applicant's name
from the TxHmL interest list in accordance with subsection (f)(1)-(4)
of this section, the LIDDA receives an oral or written request from
a person to add the applicant's name to the TxHmL interest list within
90 calendar days after the name was removed, and the request is the
applicant's first request:
(1) the LIDDA must notify HHSC of the request; and
(2) HHSC:
(A) adds the applicant's name to the TxHmL interest
list using the TxHmL interest list date that was in effect at the
time the applicant's name was removed from the TxHmL interest list;
and
(B) notifies the applicant or LAR in writing that the
applicant's name has been added to the TxHmL interest list in accordance
with subparagraph (A) of this paragraph.
(i) If HHSC or the LIDDA removes an applicant's name
from the TxHmL interest list in accordance with subsection (f)(1)-(4)
of this section, the LIDDA receives an oral or written request from
a person to add the applicant's name to the TxHmL interest list more
than 90 calendar days after the name was removed, and the request
is the applicant's first request:
(1) one of the following occurs:
(A) the LIDDA adds the applicant's name to the TxHmL
interest list using the date the LIDDA receives the oral or written
request as the TxHmL interest list date; or
(B) if HHSC determines that extenuating circumstances
exist, HHSC adds the applicant's name to the TxHmL interest list using
the TxHmL interest list date that was in effect at the time the applicant's
name was removed from the TxHmL interest list as the TxHmL interest
list date; and
(2) HHSC notifies the applicant or LAR in writing that
the applicant's name has been added to the TxHmL interest list in
accordance with paragraph (1) of this subsection.
(j) If HHSC or the LIDDA removes an applicant's name
from the TxHmL interest list in accordance with subsection (f)(1)-(4)
of this section, the LIDDA receives an oral or written request from
a person to add the applicant's name to the TxHmL interest list, and
the request is not the applicant's first request:
(1) the LIDDA adds the applicant's name to the TxHmL
interest list using the date the LIDDA receives the oral or written
request as the TxHmL interest list date; and
(2) HHSC notifies the applicant or LAR in writing that
the applicant's name has been added to the TxHmL interest list in
accordance with paragraph (1) of this subsection.
(k) If HHSC or the LIDDA removes an applicant's name
from the TxHmL interest list in accordance with subsection (f)(6)
of this section and the LIDDA subsequently receives an oral or written
request from a person to add the applicant's name to the TxHmL interest
list:
(1) the LIDDA must add the applicant's name to the
TxHmL interest list using the date the LIDDA receives the oral or
written request as the TxHmL interest list date; and
(2) HHSC notifies the applicant or LAR in writing that
the applicant's name has been added to the TxHmL interest list in
accordance with paragraph (1) of this subsection.
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