Written notice about the Medicaid Estate Recovery Program (MERP) will be provided to the following, if known by MERP, upon request for an application for Medicaid benefits, release from a waiver interest list, or notice of admission to a nursing facility or an Intermediate Care Facility for the Mentally Retarded (ICFMR):
  (1) The recipient;
  (2) The recipient's guardian of the person, if any; guardian of the estate, if any; or guardian of the person and estate, if any, provided that the name and address of the guardian or guardians are known;
  (3) The recipient's agent under a durable power of attorney if the name and address of the agent are known;
  (4) The recipient's agent under a medical power of attorney if the name and address of the agent are known; or
  (5) If none of the above are known, to family members acting on behalf of the recipient, provided that the name and address of those family members acting on behalf of the recipient are known.

Source Note: The provisions of this §373.303 adopted to be effective March 1, 2005, 30 TexReg 830