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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 45COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER BELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 1ELIGIBILITY AND MAINTENANCE OF INTEREST LIST
RULE §45.202CLASS Interest List

(a) DADS maintains an interest list that contains the names of individuals interested in receiving CLASS Program services.

(b) A person may request an individual's name be added to the CLASS interest list by:

  (1) calling DADS toll-free number; or

  (2) submitting a written request to DADS.

(c) DADS adds an individual's name to the CLASS interest list:

  (1) if the individual resides in Texas; and

  (2) with an interest list request date as follows:

    (A) for an individual who requests to be added to the interest list in accordance with subsection (b) of this section, the date of the request;

    (B) for an individual under 22 years of age residing in a nursing facility, the date of admission to the nursing facility; or

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

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

      (ii) an existing request date for the CLASS Program for the individual.

(d) DADS removes an individual's name from the CLASS interest list if:

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

  (2) the individual moves out of Texas, unless the individual 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 individual declines the offer of CLASS Program services or, as described in §45.211(d) of this chapter (relating to Written Offer of CLASS Program Services), DADS withdraws an offer of CLASS Program Services, unless:

    (A) the individual 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 individual is under 22 years of age and residing in a nursing facility;

  (4) the individual 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 individual is deceased; or

  (6) DADS has denied the individual enrollment in the CLASS Program and the individual or LAR has had an opportunity to exercise the individual's right to appeal the decision in accordance with §45.301 of this subchapter (relating to Individual's Right to a Fair Hearing) and did not appeal the decision, or appealed and did not prevail.

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

  (1) reinstates the individual's name to the interest list based on the original request date described in subsection (c)(2)(A) - (C) of this section; and

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

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

  (1) adds the individual's name to the interest list based on:

    (A) the date DADS receives the oral or written request; or

    (B) because of extenuating circumstances as determined by DADS, the original request date described in subsection (c)(2)(A) - (C) of this section; and

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

(g) If DADS removes an individual's name from the CLASS interest list in accordance with subsection (d)(6) of this section and DADS subsequently receives an oral or written request from a person to reinstate the individual's name on the interest list, DADS:

  (1) adds the individual's name to the interest list based on the date DADS receives the oral or written request; and

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


Source Note: The provisions of this §45.202 adopted to be effective November 15, 2015, 40 TexReg 7883

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