(a) DADS maintains, for each DADS region, a community care interest list for each community care service or program.
(b) A person may request in person, by telephone, or in writing that DADS add an applicant's name to a community care interest list. The person making the request must provide a Texas address for the applicant.
(c) DADS adds an applicant's name to a community care interest list if:
  (1) a request is made in accordance with subsection (b) of this section; or
  (2) an applicant's name is on the interest list for a DADS region and the applicant or a responsible party notifies DADS that the applicant has moved to another DADS region and requests that the applicant's name be added to the interest list for the DADS region to which the applicant has moved.
(d) DADS adds an applicant's name to a community care interest list with an interest list request date as follows:
  (1) for a request to add an applicant's name to the interest list made in accordance with subsection (b) of this section, the date of the request; or
  (2) for a request to add an applicant's name to the interest list made in accordance with subsection (c)(2) of this section, the date of the original request made in accordance with subsection (b) of this section.
(e) DADS removes an applicant's name from a community care interest list if:
  (1) the applicant or responsible party requests that the applicant's name be removed from the interest list;
  (2) the applicant moves out of Texas, unless the applicant 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;
  (3) the applicant is a military family member living outside of Texas for more than one year after the former military member's active duty ends;
  (4) the applicant or responsible party declines an offer of a community care service or program when contacted by DADS, as described in §48.1303 of this subchapter (relating to Enrollment) or §48.2702 of this chapter (relating to Eligibility Determination Process), unless the applicant 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 applicant is deceased; or
  (6) DADS denies an applicant's eligibility for the community care service or program and the applicant has had an opportunity to exercise the applicant's right to appeal the decision in accordance with §48.2710 of this chapter (relating to Right to Appeal) or §48.3903 of this chapter (relating to Denial, Reduction, and Termination of Benefits) and did not appeal the decision, or appealed and did not prevail.
(f) If DADS removes an applicant's name from a community care interest list in accordance with subsection (e)(1) - (4) of this section and, within 90 calendar days after the name was removed, DADS receives an oral or written request from a person to reinstate the applicant's name on the interest list, DADS:
  (1) reinstates the applicant's name to the interest list with an interest list request date described in subsection (d)(1) or (2) of this section; and
  (2) notifies the applicant in writing that the applicant's name has been reinstated to the interest list in accordance with paragraph (1) of this subsection.
(g) If DADS removes an applicant's name from a community care interest list in accordance with subsection (e)(1) - (4) of this section and, more than 90 calendar days after the name was removed, DADS receives an oral or written request from a person to reinstate the applicant's name on the interest list, DADS:
  (1) adds the applicant's name to the interest list with an interest list request date of:
    (A) the date DADS receives the oral or written request; or
    (B) because of extenuating circumstances as determined by DADS, the original request date described in subsection (d)(1) or (2) of this section; and
  (2) notifies the applicant in writing that the applicant's name has been added to the interest in accordance with paragraph (1) of this subsection.
(h) If DADS removes an applicant's name from a community care interest list in accordance with subsection (e)(6) of this section and DADS subsequently receives an oral or written request from a person to reinstate the applicant's name on the interest list, DADS:
  (1) adds the applicant's name to the interest list with an interest list request date of the date DADS receives the oral or written request; and
  (2) notifies the applicant in writing that the applicant's name has been added to the interest list in accordance with paragraph (1) of this subsection.

Source Note: The provisions of this §271.5 adopted to be effective May 23, 2016, 41 TexReg 3749; transferred effective September 15, 2023, as published in the August 18, 2023, issue of the Texas Register, 48 TexReg 4523