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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 49CONTRACTING FOR COMMUNITY SERVICES
SUBCHAPTER AAPPLICATION AND DEFINITIONS
RULE §49.101Application

(a) Except as provided in subsections (b) - (d) of this section, all of the sections of this chapter apply to an applicant or contractor for one or more of the following programs and services:

  (1) Medicaid waiver programs and services under Title XIX, §1915(c) of the Social Security Act as follows:

    (A) Community Living Assistance and Support Services (CLASS) Program:

      (i) CLASS-case management agency (CMA);

      (ii) CLASS-continued family services (CFS);

      (iii) CLASS-direct service agency (DSA); and

      (iv) CLASS-support family services (SFS);

    (B) Deaf Blind with Multiple Disabilities (DBMD) Program;

    (C) Home and Community Based Services (HCS) Program;

    (D) Texas Home Living (TxHmL) Program; and

    (E) transition assistance services (TAS);

  (2) Medicaid state plan services under Title XIX, §1902(a)(10)(A) of the Social Security Act as follows:

    (A) hospice;

    (B) primary home care (PHC);

    (C) community attendant services (CAS); and

    (D) day activity and health services (DAHS);

  (3) services and programs under Title XX, Subtitle A of the Social Security Act as follows:

    (A) adult foster care (AFC);

    (B) emergency response services;

    (C) home delivered meals (HDM);

    (D) residential care (RC);

    (E) DAHS;

    (F) family care (FC);

    (G) consumer managed personal attendant services (CMPAS);

    (H) special services to persons with disabilities (SSPD); and

    (I) SSPD - 24-hour shared attendant care; and

  (4) financial management services under the consumer directed services option authorized under Texas Government Code, §531.051 as follows:

    (A) financial management services agency (FMSA)--CLASS;

    (B) FMSA-DBMD;

    (C) FMSA-HCS;

    (D) FMSA-PHC/CAS/FC; and

    (E) FMSA-TxHmL.

(b) Subchapter D of this chapter (relating to Monitoring and Investigation of a Contractor) and Subchapter E, Divisions 2 and 3 of this chapter (relating to Immediate Protection; and Actions) do not apply to a contractor that has a contract for:

  (1) the HCS Program; or

  (2) the TxHmL Program.

(c) Subchapter D of this chapter and §49.523 of this chapter (relating to Referral Hold) do not apply to a contractor that has a contract for hospice.

(d) Sections 49.202 - 49.205 and §§49.207 - 49.211 of this chapter (relating to Provisional Contract; Provisional Contract Application Process; Additional Provisional Contract Application Requirements; License, Certification, Accreditation, and Other Requirements; Provisional Contract Application Denial; Provisional Contract Application Approval; Standard Contract; Contractor Change of Ownership or Legal Entity; and Religious Organization Applicants) and Subchapter G of this chapter (relating to Application Denial Period) do not apply to a contractor that has a contract for:

  (1) CMPAS;

  (2) SSPD; or

  (3) SSPD - 24-hour shared attendant care.


Source Note: The provisions of this §49.101 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230

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