(a) An MCO assesses an individual's eligibility for MDCP.
  (1) To be eligible for MDCP, an individual must:
    (A) be under 21 years of age;
    (B) reside in Texas;
    (C) meet the level of care criteria for medical necessity for nursing facility care as determined by HHSC;
    (D) have an unmet need for support in the community that can be met through one or more MDCP services;
    (E) choose MDCP as an alternative to nursing facility services, as described in 42 CFR §441.302(d);
    (F) not be enrolled in one of the following Medicaid HCBS waiver programs approved by CMS:
      (i) the Community Living Assistance and Support Services (CLASS) Program;
      (ii) the Deaf Blind with Multiple Disabilities (DBMD) Program;
      (iii) the Home and Community-based Services (HCS) Program;
      (iv) the Texas Home Living (TxHmL) Program; or
      (v) the Youth Empowerment Services waiver;
    (G) live in:
      (i) the individual's home; or
      (ii) an agency foster home as defined in Texas Human Resource Code, §42.002, (relating to Definitions); and
    (H) be determined by HHSC to be financially eligible for Medicaid under Chapter 358 of this title (relating to Medicaid Eligibility for the Elderly and People with Disabilities), Chapter 360 of this title (relating to Medicaid Buy-In Program), or Chapter 361 of this title (relating to Medicaid Buy-In for Children Program).
  (2) An individual receiving Medicaid nursing facility services is approved for MDCP if the individual requests services while residing in a nursing facility and meets the eligibility criteria listed in paragraph (1) of this subsection. If an individual is discharged from a nursing facility into a community setting before being determined eligible for Medicaid nursing facility services and MDCP, the individual is denied immediate enrollment in the program.
(b) HHSC maintains a statewide interest list of individuals interested in receiving services through MDCP.
  (1) A person may request that an individual's name be added to the MDCP interest list by:
    (A) calling HHSC toll-free 1-877-438-5658;
    (B) submitting a written request to HHSC; or
    (C) generating a referral through the YourTexasBenefits.com, Find Support Services screening and referral tool.
  (2) If a request is made in accordance with paragraph (1) of this subsection, HHSC adds an individual's name to the MDCP interest list:
    (A) if the individual is a Texas resident; and
    (B) using the date HHSC receives the request as the MDCP interest list date.
  (3) For an individual determined diagnostically or functionally ineligible during the enrollment process for the CLASS Program, DBMD Program, HCS Program, or TxHmL Program:
    (A) if the individual's name is not on the MDCP interest list, at the request of the individual or LAR, HHSC adds the individual's name to the MDCP interest list using the individual's interest list date for the waiver program for which the individual was determined ineligible as the MDCP interest list date;
    (B) if the individual's name is on the MDCP interest list and the individual's interest list date for the waiver program for which the individual was determined ineligible is earlier than the individual's MDCP interest list date, at the request of the individual or LAR, HHSC changes the individual's MDCP interest list date to the individual's interest list date for the waiver program for which the individual was determined ineligible; or
    (C) if the individual's name is on the MDCP interest list and the individual's MDCP interest list date is earlier than the individual's interest list date for the waiver program for which the individual was determined ineligible, HHSC does not change the individual's MDCP interest list date.
  (4) This paragraph applies to an individual who is enrolled in MDCP and, because the individual does not meet the level of care criteria for medical necessity for nursing facility care, is determined ineligible for MDCP after November 30, 2019. The individual or the individual's LAR may request one time that HHSC add the individual's name to the first position on the MDCP interest list.
  (5) This paragraph applies to an individual who is enrolled in MDCP and, because the individual does not meet the level of care criteria for medical necessity for nursing facility care or the requirement to be under 21 years of age, is determined ineligible for MDCP after November 30, 2019. The individual or the individual's LAR may request that HHSC add the individual's name to the interest list for any of the following programs or change the individual's interest list date for any of the following programs in accordance with:
    (A) 40 TAC §45.202 (relating to CLASS Interest List) for the CLASS Program;
    (B) 40 TAC §42.202 (relating to DBMD Interest List) for the DBMD Program;
    (C) 40 TAC §9.157 (relating to HCS Interest List) for the HCS Program; and
    (D) 40 TAC §9.566 (relating to TxHmL Interest List) for the TxHmL Program.
  (6) HHSC removes an individual's name from the MDCP interest list if:
    (A) the individual is deceased;
    (B) the individual is assessed for MDCP and determined to be ineligible and has had an opportunity to exercise the individual's right to a fair hearing, as described in Chapter 357 of this title (relating to Hearings);
    (C) the individual, medical consenter, or LAR requests in writing that the individual's name be removed from the interest list; or
    (D) the individual moves out of Texas, unless the individual is a military family member living outside of Texas as described in Texas Government Code §531.0931:
      (i) while the military member is on active duty; or
      (ii) for less than one year after the former military member's active duty ends.
  (7) An individual assessed for MCDP and determined to be ineligible, as described in paragraph (6)(B) of this subsection, may request to have the individual's name added to the MDCP interest list as described in paragraph (1) of this subsection.
(c) An MCO develops a person-centered individual service plan (ISP) for each member in MDCP, and all applicable documentation, as described in the STAR Kids Handbook and the Uniform Managed Care Manual (UMCM).
  (1) An ISP must:
    (A) include services described in the waiver approved by CMS;
    (B) include services necessary to protect a member's health and welfare in the community;
    (C) include services that supplement rather than supplant the member's natural supports and other non-Medicaid supports and services for which the member may be eligible;
    (D) include services designed to prevent the member's admission to an institution;
    (E) include the most appropriate type and amount of services to meet the member's needs in the community;
    (F) be reviewed and revised if the member's needs or natural supports change or at the request of the member or LAR; and
    (G) be cost effective.
  (2) If a member's ISP exceeds 50 percent of the cost of the member's level of care in a nursing facility to safely serve the member's needs in the community, HHSC must review the circumstances and, when approved, provide funds through general revenue.
(d) An MCO is responsible for conducting a reassessment and developing an ISP for each member's continued eligibility for MDCP, in accordance with the policies and procedures outlined in the STAR Kids Handbook, UMCM, or materials designated by HHSC and in accordance with the timeframes outlined in the MCO's contract.
(e) An MCO is responsible for authorizing a provider of a member's choice to deliver services outlined in the member's ISP.
(f) A member participating in MDCP has the same rights and responsibilities as any member enrolled in managed care, as described in Subchapter C of this chapter (relating to Member Bill of Rights and Responsibilities), including the right to appeal a decision made by HHSC or an MCO and the right to a fair hearing, as described in Chapter 357 of this title.
(g) HHSC conducts utilization reviews of MCOs providing MDCP services.

Source Note: The provisions of this §353.1155 adopted to be effective November 1, 2016, 41 TexReg 8265; amended to be effective February 7, 2022, 47 TexReg 494