(a) Home and Community Based Services (HCBS) are community-based
services and supports to eligible individuals as an alternative to
institutional services, such as those described in Section 1915 of
the Social Security Act. HCBS are intended to enhance the individual's
integration into the community, maintain or improve the individual's
independent functioning, and prevent the individual's admission to
an institution.
(b) Delivery of HCBS in managed care must comply with
42 CFR §441.530, with the exception of the delivery of out of
home respite.
(c) Participation in managed care does not affect an
individual's ability to receive HCBS operated by HHSC or another agency
if the delivery of HCBS is not through an MCO.
(d) Participation in managed care does not impact an
individual's ability to access or maintain a slot on the interest
list(s) of an HCBS program.
(e) Delivery of Community First Choice Services in
managed care must comply with Chapter 354, Subchapter A, Division
27 of this title (relating to Community First Choice).
(f) HCBS providers contracted with MCOs are subject
to investigation of suspected or alleged abuse, neglect, or exploitation
as described in 40 TAC, Chapter 700 (relating to Child Protective
Services), Chapter 705 (relating to Adult Protective Services), and
Chapter 745 (relating to Licensing).
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