(a) HHSC sends a written offer in accordance with this subsection.
  (1) HHSC sends a written offer of enrollment in the CLASS Program to:
    (A) the individual whose CLASS interest list date, assigned in accordance with §259.53 of this subchapter (relating to CLASS Interest List), is earliest on the CLASS interest list; or
    (B) an individual who is residing in a nursing facility and requesting CLASS Program services.
  (2) HHSC encloses with the written offer:
    (A) an HHSC Selection Determination form which includes a list of CMAs and DSAs serving the catchment area in which the individual resides; and
    (B) an HHSC CLASS Applicant Acknowledgement form.
(b) An individual or LAR accepts the offer of enrollment in the CLASS Program by:
  (1) documenting the selection of one CMA and one DSA on the HHSC Selection Determination form; and
  (2) ensuring the completed HHSC Selection Determination form and HHSC CLASS Applicant Acknowledgement form are submitted to HHSC and postmarked or faxed no later than 60 calendar days after the date of the written offer.
(c) If HHSC receives the completed HHSC Selection Determination form and HHSC CLASS Applicant Acknowledgement form, as described in subsection (b)(2) of this section, HHSC uses the HHSC Selection Determination form to notify the CMA and DSA of the individual's or LAR's selection of a CMA and a DSA.
(d) HHSC withdraws an offer of enrollment in the CLASS Program made to an individual if:
  (1) the completed HHSC Selection Determination form and HHSC CLASS Applicant Acknowledgement form are postmarked or faxed more than 60 calendar days after the date of the written offer;
  (2) the individual or LAR does not complete the enrollment process as described in §259.61 of this division (relating to Process for Enrollment of an Individual);
  (3) the individual was offered enrollment in the CLASS Program because the individual was residing in a nursing facility but was discharged from the nursing facility before the effective date of the enrollment IPC; or
  (4) the individual has moved out of the state of Texas.

Source Note: The provisions of this §259.55 adopted to be effective January 30, 2023, 48 TexReg 362