§9.566: Notification of Applicants

(a) DADS notifies an MRA, in writing, of a TxHmL Program vacancy in the MRA's local service area and directs the MRA to offer the program vacancy to the applicant:

(1) whose name is not coded in the Client Assignment and Registration System (CARE) as having previously declined an offer to enroll in the TxHmL Program or as having been determined ineligible for the TxHmL Program and is:

(A) whose registration date, assigned in accordance with §9.165(1) of this chapter (relating to Maintenance of HCS Program Waiting List), is earliest on the statewide waiting list for the HCS Program as maintained by DADS; or

(B) whose registration date, assigned in accordance with §9.165(1) of this chapter, is earliest on the local service area waiting list for the HCS Program as maintained by the MRA in accordance with §9.165 of this chapter; or

(2) whose name is not coded in CARE as having been determined ineligible for the TxHmL Program and who is receiving services from the MRA that are funded by general revenue in an amount that would allow DADS to fund the services through the TxHmL Program.

(b) The MRA must make the offer of program vacancy in writing and deliver it to the applicant or LAR by regular United States mail or by hand delivery.

(c) The MRA must include in a written offer that is made in accordance with subsection (a) of this section:

(1) a statement that:

(A) if the applicant or LAR does not respond to the offer of the program vacancy within 30 calendar days after the MRA's written offer:

(i) the MRA withdraws the offer of the program vacancy; and

(ii) the MRA codes the applicant's name in CARE as having "declined" the offer of TxHmL Program enrollment; and

(B) if the applicant is currently receiving services from the MRA that are funded by general revenue and the applicant or LAR declines the offer of the program vacancy, the MRA terminates those services that are similar to services provided under the TxHmL Program;

(2) information relating to the time frame requirements described in subsection (e)(2) - (3) of this section using the Deadline Notification form, which is available at http://www.dads.state.tx.us; and

(3) a statement that whether the applicant or LAR responds to the offer of program vacancy or chooses or declines participation in the TxHmL Program, the applicant's name remains on the HCS Program waiting list without change to the applicant's registration date.

(d) If an applicant or LAR responds to an offer of program vacancy, the MRA must:

(1) provide the applicant, LAR, and, if the LAR is not a family member, at least one family member (if possible) both an oral and a written explanation of the services and supports for which the applicant may be eligible, including the ICF/MR Program (both state mental retardation facilities and community-based facilities), waiver programs authorized under §1915(c) of the Social Security Act, and other community-based services and supports using the Explanation of Services and Supports document which is available at http://www.dads.state.tx.us/business/mental_retardation/mrla/index.html; and

(2) give the applicant or LAR the TxHmL Verification of Freedom of Choice form, which is available at http://www.dads.state.tx.us/business/mental_retardation/forms/index.html to document the applicant's choice regarding the TxHmL Program and ICF/MR Program.

(e) The MRA must withdraw an offer of a program vacancy made to an applicant or LAR and code the applicant's name in CARE as having "declined" the offer of TxHmL Program enrollment in accordance with the Mental Retardation Services and Supports Interest List Policy and Procedures Manual if:

(1) within 30 calendar days after the MRA's offer made to the applicant or LAR in accordance with subsection (a) of this section, the applicant or LAR does not respond to the offer of the program vacancy;

(2) within seven calendar days after the applicant or LAR receives the TxHmL Verification of Freedom of Choice form from the MRA in accordance with subsection (d)(2) of this section, the applicant or LAR does not document the choice of TxHmL Program services over the ICF/MR Program using the TxHmL Verification of Freedom of Choice form; or

(3) within 30 calendar days after the applicant or LAR has received the contact information regarding all available program providers in the MRA's local service area in accordance with §9.567(d)(1) of this subchapter (relating to Process for Enrollment), the applicant or LAR does not document a choice of a program provider using the Documentation of Provider Choice form.

(f) If the MRA withdraws an offer of a program vacancy made to an applicant and codes the applicant's name in CARE as having "declined" the offer of TxHmL Program enrollment in accordance with subsection (e) of this section, the MRA must notify the applicant or LAR of such actions, in writing, by certified United States mail.

(g) If the applicant is currently receiving services from the MRA that are funded by general revenue and the applicant declines the offer of the program vacancy, the MRA must terminate those services that are similar to services provided under the TxHmL Program.

(h) If the MRA terminates an applicant's services in accordance with subsection (g) of this section, the MRA must notify the applicant or LAR of the termination, in writing, by certified United States mail and provide an opportunity for a review in accordance with §2.46 of this title (relating to Notification and Appeals Process).

(i) The MRA must retain in the applicant's record:

(1) the TxHmL Verification of Freedom of Choice form documenting the applicant's or LAR's choice of services;

(2) the Documentation of Provider Choice form documenting the applicant's or LAR's choice of program provider; and

(3) any correspondence related to the offer of a program vacancy.

Comments

Source Note: The provisions of this §9.566 adopted to be effective March 1, 2007, 32 TexReg 544