Section 278.3 - Eligibility Determination Process(a) When an opening in the IH/FSP becomes available in a DADS region, DADS contacts the applicant whose interest list request date, assigned in accordance with § 48.1302(d) of this chapter (relating to Community Care Interest Lists), is earliest on the region's IH/FSP interest list and offers the IH/FSP to the applicant. (1) If the applicant or responsible party declines the offer of the IH/FSP, DADS removes the applicant's name from the region's IH/FSP interest list, as described in § 48.1302(e)(4) of this chapter.(2) If the applicant or responsible party accepts the offer of the IH/FSP, DADS contacts the applicant to conduct an initial interview or to schedule an appointment for the initial interview. DADS may conduct the initial interview with an applicant or responsible party either by telephone or face-to-face.(b) If DADS is unable to conduct the initial interview, as described in subsection (a)(2) of this section, DADS sends the applicant the DADS In-Home and Family Support Program Appointment Notice form with the date, time, and location for the appointment. (1) If the applicant, without prior notification, does not keep two appointments scheduled in writing, the case manager sends the applicant the DADS Notification of In-Home and Family Support Program Benefits form to provide written notice that the applicant's eligibility is denied unless the applicant contacts the IH/FSP office within 12 calendar days after the date of the form to schedule an appointment and keeps that appointment.(2) The completed DADS Notification of In-Home and Family Support Program Benefits form includes: (A) the reason for the denial;(B) the effective date of the denial; and(C) the applicant's right to appeal in accordance with § 48.2710 of this subchapter (relating to Right to Appeal).(c)If DADS determines an applicant is eligible for the IH/FSP, DADS notifies the applicant in writing using the DADS Notification of In-Home and Family Support Program Benefits form.(d) If DADS denies an applicant's eligibility for the IH/FSP, DADS notifies the applicant in writing using the DADS Notification of In-Home and Family Support Program Benefits form. The completed form includes: (1) the reason for the denial;(2) the effective date of the denial; and(3) the applicant's right to appeal in accordance with § 48.2710 of this subchapter.26 Tex. Admin. Code § 278.3
Transferred from 40 TAC § 48.2702 Texas Register, Volume 49, Number 23, June 7, 2024, TexReg 4061, eff. 6/28/2024