(a) HHSC sends a written offer of enrollment in the DBMD Program to:
  (1) the individual whose DBMD interest list request date, assigned in accordance with §260.53 of this subchapter (relating to DBMD Interest List), is earliest, unless the individual is a military family member living outside of Texas; or
  (2) an individual who is residing in a nursing facility and requesting enrollment in the DBMD Program.
(b) HHSC encloses with the written offer:
  (1) a list of DBMD program providers;
  (2) a Documentation of Provider Choice form;
  (3) in accordance with 1 TAC §351.15 (relating to Information Regarding Community-based Services), a document explaining other currently available community-based long-term support options that might be appropriate to the individual's needs; and
  (4) an HHSC DBMD Applicant Acknowledgement form.
(c) An individual or LAR accepts the offer of enrollment in the DBMD Program by:
  (1) selecting a program provider from the enclosed list;
  (2) documenting the selection of a program provider on the HHSC Documentation of Provider Choice form; and
  (3) ensuring the completed HHSC Documentation of Provider Choice form and HHSC DBMD Applicant Acknowledgement form are submitted to HHSC and postmarked or faxed no later than 60 calendar days after the date on the offer letter.
(d) If HHSC receives the completed HHSC Documentation of Provider Choice form and HHSC DBMD Applicant Acknowledgement form, as described in subsection (c)(3) of this section, HHSC uses the HHSC Documentation of Provider Choice form to notify the program provider of the individual's or LAR's selection of a program provider.
(e) HHSC withdraws an offer of enrollment in the DBMD Program made to an individual if:
  (1) the completed HHSC Documentation of Provider Choice form and HHSC DBMD Applicant Acknowledgement form are postmarked or faxed more than 60 calendar days after the date on the offer letter;
  (2) the individual or LAR does not complete the enrollment process as described in §260.61 of this division (relating to Process for Enrollment of an Individual);
  (3) the individual was offered enrollment in the DBMD 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 §260.55 adopted to be effective February 26, 2023, 48 TexReg 896