(a) The CLASS Program is a Medicaid waiver program approved by CMS and operated by HHSC pursuant to §1915(c) of the Social Security Act. It provides community-based services and supports to an eligible individual as an alternative to the ICF/IID Program. CLASS Program services are intended to:
  (1) enhance the individual's integration into the community;
  (2) maintain or improve the individual's independent functioning; and
  (3) prevent the individual's admission to an institution.
(b) HHSC limits the enrollment in the CLASS Program to the number of individuals approved by CMS or by available funding from the state.
(c) The CLASS Program offers the following services approved by CMS:
  (1) adaptive aids;
  (2) auditory integration training/auditory enhancement training;
  (3) behavioral support;
  (4) case management;
  (5) cognitive rehabilitation therapy;
  (6) dental treatment;
  (7) habilitation;
  (8) licensed vocational nursing;
  (9) minor home modifications;
  (10) dietary services;
  (11) occupational therapy;
  (12) physical therapy;
  (13) prevocational services;
  (14) registered nursing;
  (15) respite, which consists of:
    (A) in-home respite; and
    (B) out-of-home respite;
  (16) speech and language pathology;
  (17) specialized licensed vocational nursing;
  (18) specialized registered nursing;
  (19) specialized therapies, which consist of:
    (A) aquatic therapy;
    (B) hippotherapy;
    (C) massage therapy;
    (D) music therapy;
    (E) recreational therapy; and
    (F) therapeutic horseback riding;
  (20) SFS;
  (21) CFS;
  (22) employment assistance;
  (23) supported employment;
  (24) TAS; and
  (25) if the individual's IPC includes at least one CLASS Program service to be delivered through the CDS option:
    (A) FMS; and
    (B) support consultation.
(d) A DSA may only provide and bill for habilitation if the activity provided is transportation, as described in §259.5(56)(B)(i)(IX) of this subchapter (relating to Definitions).
(e) CFC is a state plan option governed by 42 CFR, Part 441, Subpart K, regarding Home and Community-Based Attendant Services and Supports State Plan Option (Community First Choice) that provides the following services to individuals:
  (1) CFC PAS/HAB;
  (2) CFC ERS; and
  (3) CFC support management for an individual receiving CFC PAS/HAB.

Source Note: The provisions of this §259.7 adopted to be effective January 30, 2023, 48 TexReg 362