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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 52 - CONTRACTING FOR COMMUNITY SERVICES
SUBCHAPTER A - APPLICATION AND DEFINITIONS
SECTION/RULE §52.1 - Application
Chapter Review Date 09/17/2024

(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 Chapter 546, Subchapter C 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 §52.1 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; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091; amended to be effective April 1, 2025, 50 TexReg 2203.

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