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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 44CONSUMER MANAGED PERSONAL ATTENDANT SERVICES (CMPAS) PROGRAM
SUBCHAPTER BELIGIBILITY AND SERVICE PLANS
RULE §44.202CMPAS Interest Lists

(a) HHSC maintains a CMPAS interest list for each HHSC region. An interest list contains the names of applicants who are interested in receiving services through the CMPAS Program.

(b) A person may request that an applicant's name be added to a CMPAS interest list in an HHSC region by contacting:

  (1) a provider;

  (2) an HHSC regional office, or

  (3) the 2-1-1 Texas Program.

(c) If a person contacts a provider, as described in subsection (b) of this section, the provider must follow HHSC's instructions in the CMPAS Provider Manual available at the HHSC website, to request the applicant's:

  (1) name;

  (2) a physical address in Texas and a mailing address;

  (3) birth date;

  (4) phone number;

  (5) social security number;

  (6) current living arrangements;

  (7) employment status;

  (8) HHSC's individual number; and

  (9) status regarding receipt of Supplemental Security Income.

(d) Within five working days after the contact described in subsection (b)(1) of this section, a provider must send to an HHSC regional office:

  (1) the applicant information obtained in accordance with subsection (c) of this section; and

  (2) the date and time the person contacted the provider.

(e) HHSC adds an applicant's name to a CMPAS interest list if:

  (1) a request is made in accordance with subsection (b) of this section; or

  (2) an applicant's name is on the interest list for an HHSC region and the applicant or a representative notifies HHSC that the applicant has moved to another HHSC region and requests that the applicant's name be added to the interest list for the HHSC region to which the applicant has moved.

(f) HHSC adds an applicant's name to an interest list with an interest list request date as follows:

  (1) for a request to add an applicant's name to the interest list made in accordance with subsection (b) of this section, the date of the request; or

  (2) for a request to add an applicant's name to the interest list made in accordance with subsection (e)(2) of this section, the date of the original request made in accordance with subsection (b) of this section.

(g) HHSC removes an applicant's name from a CMPAS interest list if:

  (1) the applicant or LAR requests that the applicant's name be removed from the 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 or LAR declines an offer of CMPAS Program services, 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 denies an applicant's eligibility for the CMPAS Program and the applicant has had an opportunity to exercise the applicant's right to request a fair hearing in accordance with §44.503 of this chapter (relating to Fair Hearing) and did not request a fair hearing, or requested a fair hearing and did not prevail.

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

  (1) reinstates the applicant's name to the interest list with an interest list request date described in subsection (f)(1) or (2) of this section; and

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

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

  (1) adds the applicant's name to the interest list with an interest list request date of:

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

    (B) because of extenuating circumstances as determined by HHSC, the original request date described in subsection (f)(1) or (2) of this section; and

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

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

  (1) adds the applicant's name to the interest list with an interest list request date of the date HHSC receives the oral or written request; and

  (2) notifies the applicant 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 §44.202 adopted to be effective October 1, 2013, 38 TexReg 6606; amended to be effective May 23, 2016, 41 TexReg 3746; amended to be effective October 1, 2019, 44 TexReg 5106

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