Section 52.1 - Application(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: (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);(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) 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: (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: (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: (11) the CAS Program; and26 Tex. Admin. Code § 52.1
Transferred from 40 TAC § 49.101 Texas Register, Volume 49, Number 13, March 29, 2024, TexReg 2091, eff. 4/29/2024