(a) An individual is eligible for CLASS Program services if:
  (1) the individual meets the financial eligibility criteria described in Appendix B of the CLASS Program waiver application approved by CMS and available on the HHSC website;
  (2) the individual is determined by HHSC to meet the LOC VIII criteria described in §261.239 of this title (relating to ICF/MR Level of Care VIII Criteria);
  (3) the individual demonstrates a need for CFC PAS/HAB;
  (4) the individual's IPC has an IPC cost for CLASS Program services at or below $114,736.07;
  (5) the individual is not enrolled in another waiver program or receiving a service that may not be received if the individual is enrolled in the CLASS Program, as identified in the Mutually Exclusive Services table in Appendix III of the Community Living Assistance and Support Services Provider Manual available on the HHSC website;
  (6) the individual resides in the individual's own home or family home; and
  (7) the individual requires the provision of:
    (A) at least one CLASS Program service per month or a monthly monitoring by a case manager; and
    (B) at least one CLASS Program service during an IPC period.
(b) Except as provided in subsection (c) of this section, an individual is eligible for a CFC service under this chapter if the individual:
  (1) meets the criteria described in subsection (a) of this section;
  (2) requires the provision of the CFC service; and
  (3) is not receiving SFS or CFS.
(c) To be eligible for a CFC service under this chapter, an individual receiving MAO Medicaid must, in addition to meeting the eligibility criteria described in subsection (b) of this section, receive a CLASS Program service at least monthly, as required by 42 CFR §441.510(d).

Source Note: The provisions of this §259.51 adopted to be effective January 30, 2023, 48 TexReg 362