(a) A provider agency must maintain an up-to-date interest list of individuals who are interested in receiving PACE services and reside in the provider agency's service area.
(b) A person may request an individual's name be added to the PACE interest list maintained by the provider agency serving the service area in which the individual resides by submitting a request in person, by phone, or in writing, and providing the following information:
  (1) the name of the individual;
  (2) the date of the request for PACE services;
  (3) the individual's physical and mailing addresses;
  (4) the individual's birth date;
  (5) the individual's contact phone number;
  (6) the name and phone number of the LAR, if applicable; and
  (7) the name and phone number of the person requesting services on behalf of the individual, if different from the LAR.
(c) When a PACE vacancy occurs, a provider agency offers the vacancy to the individual whose name is first on the PACE provider agency's interest list.
(d) A provider agency removes an individual's name from the PACE interest list if:
  (1) the individual accepts a PACE vacancy;
  (2) the individual or LAR requests in writing that the individual's name be removed from the interest list;
  (3) the individual moves out of the service area, unless the individual is a military family member living outside of Texas:
    (A) while the military member is on active duty; or
    (B) or less than one year after the former military member's active duty ends;
  (4) the individual or LAR declines the offer of PACE services, unless the individual is a military family member living outside of Texas:
    (A) while the military member is on active duty; or
    (B) for less than one year after the former military member's active duty ends;
  (5) the individual is a military family member living outside of Texas for more than one year after the former military member's active duty ends;
  (6) the individual or LAR fails to respond to a PACE vacancy offer within 30 days after receiving the offer; or
  (7) the individual is deceased.

Source Note: The provisions of this §270.10 adopted to be effective February 23, 2017, 42 TexReg 695; transferred effective July 31, 2024, as published in the July 5, 2024, issue of the Texas Register, 49 TexReg 4933