Section 262.102 - TxHmL Interest List(a) A LIDDA must maintain an up-to-date interest list of applicants interested in receiving TxHmL Program services for whom the LIDDA is the applicant's designated LIDDA in the HHSC data system.(b) A person may request that an applicant's name be added to the TxHmL 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 for an applicant who resides in Texas, a LIDDA must add the applicant's name to the TxHmL interest list using the date the LIDDA receives the request as the TxHmL interest list date.(d) For an applicant determined diagnostically or functionally ineligible during the enrollment process for the Community Living Assistance and Support Services (CLASS) Program, Deaf-Blind with Multiple Disabilities (DBMD) Program, or Medically Dependent Children Program (MDCP): (1) if the applicant's name is not on the TxHmL interest list, at the request of the applicant or LAR, HHSC adds the applicant's name to the TxHmL interest list using the applicant's interest list date for the program for which the applicant was determined ineligible as the TxHmL interest list date;(2) if the applicant's name is on the TxHmL interest list and the applicant's interest list date for the program for which the applicant was determined ineligible is earlier than the applicant's TxHmL interest list date, at the request of the applicant or LAR, HHSC changes the applicant's TxHmL interest list date to the applicant's interest list date for the program for which the applicant was determined ineligible as the TxHmL interest list date; or(3) if the applicant's name is on the TxHmL interest list and the applicant's TxHmL interest list date is earlier than the applicant's interest list date for the program for which the applicant was determined ineligible, HHSC does not change the applicant's TxHmL interest list date.(e) This subsection applies to an applicant who was enrolled in MDCP and, because the individual did not meet the LOC criteria for medical necessity for nursing facility care or did not meet the age requirement of being under 21 years of age, was determined ineligible for MDCP after November 30, 2019.(1) At the request of the applicant or LAR, HHSC adds the applicant's name to the TxHmL interest list:(A) using the MDCP interest list date as the TxHmL interest list date, if the applicant's name is not on the TxHmL interest list but it was previously on the TxHmL interest list; or(B) using the date HHSC receives the request as the TxHmL interest list date, if the applicant's name is not on the TxHmL interest list and it never has been on the TxHmL interest list.(2) At the request of the applicant or LAR, HHSC changes the TxHmL interest list date to the MDCP interest list date if the applicant's MDCP interest list date is earlier than the applicant's TxHmL interest list date.(f) HHSC or the LIDDA removes an applicant's name from the TxHmL interest list if: (1) the applicant or LAR requests in writing that the applicant's name be removed from the TxHmL 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 declines an offer of TxHmL Program services or, as described in § 262.103(f) of this subchapter (relating to Process for Enrollment of Applicants), an offer of TxHmL Program services is withdrawn, 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 has denied the applicant enrollment in the TxHmL Program and the applicant or LAR has had an opportunity to exercise the applicant's right to appeal the decision in accordance with § 262.601 of this chapter (relating to Fair Hearing) and did not appeal the decision, or appealed and did not prevail.(g) If HHSC or the LIDDA removes an applicant's name from the TxHmL interest list in accordance with subsection (f)(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 add the applicant's name to the TxHmL interest list: (1) the LIDDA must notify HHSC of the request; and(2) HHSC: (A) adds the applicant's name to the TxHmL interest list using the TxHmL interest list date that was in effect at the time the applicant's name was removed from the TxHmL interest list; and(B) notifies the applicant or LAR in writing that the applicant's name has been added to the TxHmL interest list in accordance with subparagraph (A) of this paragraph.(h) If HHSC or the LIDDA removes an applicant's name from the TxHmL interest list in accordance with subsection (f)(1)-(4) of this section, the LIDDA receives an oral or written request from a person to add the applicant's name to the TxHmL interest list within 90 calendar days after the name was removed, and the request is the applicant's first request:(1) the LIDDA must notify HHSC of the request; and(2) HHSC: (A) adds the applicant's name to the TxHmL interest list using the TxHmL interest list date that was in effect at the time the applicant's name was removed from the TxHmL interest list; and(B) notifies the applicant or LAR in writing that the applicant's name has been added to the TxHmL interest list in accordance with subparagraph (A) of this paragraph.(i) If HHSC or the LIDDA removes an applicant's name from the TxHmL interest list in accordance with subsection (f)(1)-(4) of this section, the LIDDA receives an oral or written request from a person to add the applicant's name to the TxHmL interest list more than 90 calendar days after the name was removed, and the request is the applicant's first request: (1) one of the following occurs: (A) the LIDDA adds the applicant's name to the TxHmL interest list using the date the LIDDA receives the oral or written request as the TxHmL interest list date; or(B) if HHSC determines that extenuating circumstances exist, HHSC adds the applicant's name to the TxHmL interest list using the TxHmL interest list date that was in effect at the time the applicant's name was removed from the TxHmL interest list as the TxHmL interest list date; and(2) HHSC notifies the applicant or LAR in writing that the applicant's name has been added to the TxHmL interest list in accordance with paragraph (1) of this subsection.(j) If HHSC or the LIDDA removes an applicant's name from the TxHmL interest list in accordance with subsection (f)(1)-(4) of this section, the LIDDA receives an oral or written request from a person to add the applicant's name to the TxHmL interest list, and the request is not the applicant's first request: (1) the LIDDA adds the applicant's name to the TxHmL interest list using the date the LIDDA receives the oral or written request as the TxHmL interest list date; and(2) HHSC notifies the applicant or LAR in writing that the applicant's name has been added to the TxHmL interest list in accordance with paragraph (1) of this subsection.(k) If HHSC or the LIDDA removes an applicant's name from the TxHmL interest list in accordance with subsection (f)(6) of this section and the LIDDA subsequently receives an oral or written request from a person to add the applicant's name to the TxHmL interest list: (1) the LIDDA must add the applicant's name to the TxHmL interest list using the date the LIDDA receives the oral or written request as the TxHmL interest list date; and(2) HHSC notifies the applicant or LAR in writing that the applicant's name has been added to the TxHmL interest list in accordance with paragraph (1) of this subsection.26 Tex. Admin. Code § 262.102
Adopted by Texas Register, Volume 48, Number 08, February 24, 2023, TexReg 1066, eff. 3/1/2023