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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 9INTELLECTUAL DISABILITY SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
SUBCHAPTER DHOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
RULE §9.157HCS Interest List

(a) A LIDDA must maintain an up-to-date interest list of applicants interested in receiving HCS Program services for whom the LIDDA is the applicant's designated LIDDA in DADS data system.

(b) A person may request that an applicant's name be added to the HCS 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, a LIDDA must add an applicant's name to the HCS interest list:

  (1) if the applicant resides in Texas; and

  (2) with an interest list request date of the date the request is received.

(d) DADS adds an applicant's name to the HCS interest list with a request date as follows:

  (1) for an applicant under 22 years of age and residing in an ICF/IID or nursing facility located in Texas, based on the date of admission to the ICF/IID or nursing facility; or

  (2) for an applicant determined diagnostically or functionally ineligible for another DADS waiver program, one of the following dates, whichever is earlier:

    (A) the request date of the interest list for the other waiver program; or

    (B) an existing request date for the HCS Program for the applicant.

(e) DADS or the LIDDA removes an applicant's name from the HCS interest list if:

  (1) the applicant or LAR requests in writing that the applicant's name be removed from the interest list, unless the applicant is under 22 years of age and residing in an ICF/IID or nursing facility;

  (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 the offer of HCS Program services or, as described in §9.158(f) of this subchapter (relating to Process for Enrollment of Applicants), an offer of HCS Program services is withdrawn, unless:

    (A) the applicant is a military family member living outside of Texas:

      (i) while the military member is on active duty, or

      (ii) for less than one year after the former military member's active duty ends; or

    (B) the applicant is under 22 years of age and residing in an ICF/IID or nursing facility;

  (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) DADS has denied the applicant enrollment in the HCS Program and the applicant or LAR has had an opportunity to exercise the applicant's right to appeal the decision in accordance with §9.169 of this subchapter (relating to Fair Hearing) and did not appeal the decision, or appealed and did not prevail.

(f) If DADS or the LIDDA removes an applicant's name from the HCS interest list in accordance with subsection (e)(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 reinstate the applicant's name on the interest list:

  (1) the LIDDA must notify DADS of the request; and

  (2) DADS:

    (A) reinstates the applicant's name to the interest list based on the original request date described in subsection (c) or (d) of this section; and

    (B) notifies the applicant or LAR in writing that the applicant's name has been reinstated to the interest list in accordance with subparagraph (A) of this paragraph.

(g) If DADS or the LIDDA removes an applicant's name from the HCS interest list in accordance with subsection (e)(1) - (4) of this section and, more than 90 calendar days after the name was removed, the LIDDA receives an oral or written request from a person to reinstate the applicant's name on the interest list:

  (1) the applicant's name is placed on the interest list:

    (A) by the LIDDA based on the date the LIDDA receives the oral or written request; or

    (B) by DADS based on the original request date described in subsection (c) or (d) of this section because of extenuating circumstances as determined by DADS; and

  (2) DADS notifies the applicant or LAR in writing that the applicant's name has been added to the interest list in accordance with paragraph (1) of this subsection.

(h) If DADS or the LIDDA removes an applicant's name from the HCS interest list in accordance with subsection (e)(6) of this section and the LIDDA subsequently receives an oral or written request from a person to reinstate the applicant's name on the interest list:

  (1) the LIDDA must add the applicant's name to the interest list based on the date the LIDDA receives the oral or written request; and

  (2) DADS notifies the applicant or LAR in writing that the applicant's name has been added to the interest list in accordance with paragraph (1) of this subsection.


Source Note: The provisions of this §9.157 adopted to be effective November 15, 2015, 40 TexReg 7827

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