| (a) Except as provided in subsections (b) - (e) 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) the 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) the Deaf Blind with Multiple Disabilities (DBMD)
Program;
(C) the Home and Community-based Services (HCS) Program;
(D) the Texas Home Living (TxHmL) Program; and
(E) transition assistance services (TAS);
(2) Medicaid state plan programs or services under
Title XIX, §1902(a)(10)(A) of the Social Security Act as follows:
(A) hospice;
(B) the Primary Home Care (PHC) Program;
(C) the Community Attendant Services (CAS) Program;
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) the Home-Delivered Meals (HDM) Program;
(D) residential care (RC);
(E) DAHS;
(F) the Family Care (FC) Program;
(G) the Consumer Managed Personal Attendant Services
(CMPAS) Program;
(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) Section 49.310 of this chapter (relating to Abuse,
Neglect, and Exploitation Allegations), 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) the CMPAS Program;
(2) SSPD; or
(3) SSPD - 24-hour shared attendant care.
(e) Section 49.310 of this chapter does not apply to
a contractor that has a contract for one or more of the following
programs or services:
(1) a CLASS-CMA;
(2) a CLASS-DSA;
(3) the CMPAS Program;
(4) the DBMD Program;
(5) an FMSA-CLASS;
(6) an FMSA-DBMD;
(7) an FMSA-HCS;
(8) an FMSA-PHC/CAS/FC;
(9) an FMSA-TxHmL;
(10) the PHC Program;
(11) the CAS Program; and
(12) the FC Program.
|
| 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; amended to be effective October 1, 2019, 44 TexReg 5149 |
