(a) When CMPAS Program funding becomes available in a DADS region, the DADS regional designee:
  (1) refers to the region's provider the applicant whose interest list request date, assigned in accordance with §44.202(e) of this chapter (relating to CMPAS Interest Lists), is earliest on the region's CMPAS interest list; and
  (2) informs the provider of any other DADS program services the applicant is receiving, the cost of those services, and the approved service period for those services.
(b) If DADS refers an applicant to a region's provider, as described in subsection (a)(1) of this section, the provider must comply with the requirements in §44.203 of this chapter (relating to Assessment and Eligibility Determination).
(c) The provider must provide CMPAS Program services to all applicants and individuals DADS refers to the provider unless the assessor of need determines and documents:
  (1) an applicant is not eligible for CMPAS;
  (2) the provider and other sources of support are unable to meet an applicant's or individual's needs without risking the individual's health and safety;
  (3) the environment in an applicant's or individual's home is a serious threat to the health and safety of an attendant; or
  (4) an individual, or someone in the individual's home, seriously threatens the health and safety of an attendant.
(d) The provider must conduct an IDT meeting in accordance with the requirements of §44.502 of this chapter (relating to Convening an Interdisciplinary Team) if it determines it cannot provide CMPAS Program services to an individual for any of the reasons described in subsection (c)(2) - (4) of this section.
(e) The provider must begin providing services to an individual within seven days after the DADS regional designee enters the CMPAS authorization in DADS Service Authorization System, as described in §44.203 of this chapter.

Source Note: The provisions of this §275.51 adopted to be effective October 1, 2013, 38 TexReg 6606; amended to be effective May 23, 2016, 41 TexReg 3746; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983