(a) An applicant or individual is eligible for HCS Program services if the applicant or individual:
  (1) meets the financial eligibility criteria as described in Appendix B of the HCS Program waiver application approved by CMS and available on the HHSC website;
  (2) meets one of the following criteria:
    (A) based on a DID and as determined by HHSC in accordance with §263.105 of this subchapter (relating to LOC Determination), qualifies for an ICF/IID LOC I, as defined in §261.238 of this title (relating to ICF/MR Level of Care I Criteria);
    (B) as determined by HHSC in accordance with §263.105 of this subchapter, qualifies for an ICF/IID LOC I as defined in §261.238 of this title or ICF/IID LOC VIII, as defined in §261.239 of this title (relating to ICF/MR Level of Care VIII Criteria), and has been determined by HHSC:
      (i) to have an intellectual disability or a related condition;
      (ii) to need specialized services; and
      (iii) to be inappropriately placed in a Medicaid certified nursing facility based on an annual resident review conducted in accordance with the requirements of Chapter 303 of this title (relating to Preadmission Screening and Resident Review (PASRR); or
    (C) meets the following criteria:
      (i) based on a DID and as determined by HHSC in accordance with §261.237 of this title (relating to Level of Care) qualifies for one of the following levels of care:
        (I) an ICF/IID LOC I as defined in §261.238 of this title; or
        (II) an ICF/IID LOC VIII as defined in §261.239 of this title;
      (ii) meets one of the following:
        (I) resides in a nursing facility immediately before enrolling in the HCS Program; or
        (II) is at imminent risk of entering a nursing facility as determined by HHSC; and
      (iii) is offered HCS Program services designated for a member of the reserved capacity group "Individuals with a level of care I or VIII residing in a nursing facility" included in Appendix B of the HCS Program waiver application approved by CMS and available on the HHSC website;
  (3) has an IPC cost that does not exceed:
    (A) $167,468 for an applicant or individual with an LON 1, LON 5, or LON 8;
    (B) $168,615 for an applicant or individual with an LON 6; or
    (C) $305,877 for an applicant or individual with an LON 9;
  (4) is not enrolled in another waiver program and is not receiving a service that may not be received if the individual is enrolled in the HCS Program as identified in the Mutually Exclusive Services table in Appendix II of the HCS Handbook available on the HHSC website;
  (5) does not reside in:
    (A) a hospital;
    (B) an ICF/IID;
    (C) a nursing facility;
    (D) an ALF;
    (E) a residential child care facility licensed by HHSC unless it is an agency foster home;
    (F) an inpatient chemical dependency treatment facility;
    (G) a mental health facility;
    (H) a residential facility operated by the Texas Workforce Commission; or
    (I) a residential facility operated by the Texas Juvenile Justice Department, a jail, or a prison; and
  (6) requires the provision of:
    (A) at least one HCS Program service per month or a monthly monitoring visit by a service coordinator as described in §263.901(e)(40) of this chapter (relating to LIDDA Requirements for Providing Service Coordination in the HCS Program); and
    (B) at least one HCS Program service per IPC year.
(b) For applicants or individuals with spouses who live in the community, the income and resource eligibility requirements are determined according to the spousal impoverishment provisions in §1924 of the Social Security Act and as specified in the Medicaid State Plan.
(c) Except as provided in subsection (d) of this section, an applicant or individual is eligible for a CFC service under this chapter if the applicant or 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 host home/companion care, supervised living, or residential support.
(d) To be eligible for a CFC service under this chapter, an applicant or individual receiving MAO Medicaid must, in addition to meeting the eligibility criteria described in subsection (c) of this section, receive an HCS Program service at least monthly, as required by 42 CFR §441.510(d), which may not be met by a monthly monitoring visit by a service coordinator as described in §263.901(e)(40) of this chapter.

Source Note: The provisions of this §263.101 adopted to be effective March 1, 2023, 48 TexReg 1080