(a) Except as provided in subsections (b) - (e) of this section, all of the sections of this chapter apply to an applicant or contractor for one or more of the following programs and services:
  (1) Medicaid waiver programs and services under Title XIX, §1915(c) of the Social Security Act as follows:
    (A) the Community Living Assistance and Support Services (CLASS) Program:
      (i) CLASS-case management agency (CMA);
      (ii) CLASS-continued family services (CFS);
      (iii) CLASS-direct service agency (DSA); and
      (iv) CLASS-support family services (SFS);
    (B) the Deaf Blind with Multiple Disabilities (DBMD) Program;
    (C) the Home and Community-based Services (HCS) Program;
    (D) the Texas Home Living (TxHmL) Program; and
    (E) transition assistance services (TAS);
  (2) Medicaid state plan programs or services under Title XIX, §1902(a)(10)(A) of the Social Security Act as follows:
    (A) hospice;
    (B) the Primary Home Care (PHC) Program;
    (C) the Community Attendant Services (CAS) Program; and
    (D) day activity and health services (DAHS);
  (3) services and programs under Title XX, Subtitle A of the Social Security Act as follows:
    (A) adult foster care (AFC);
    (B) emergency response services;
    (C) the Home-Delivered Meals (HDM) Program;
    (D) residential care (RC);
    (E) DAHS;
    (F) the Family Care (FC) Program;
    (G) the Consumer Managed Personal Attendant Services (CMPAS) Program;
    (H) special services to persons with disabilities (SSPD); and
    (I) SSPD - 24-hour shared attendant care; and
  (4) financial management services under the consumer directed services option authorized under Texas Government Code, §531.051 as follows:
    (A) financial management services agency (FMSA)--CLASS;
    (B) FMSA-DBMD;
    (C) FMSA-HCS;
    (D) FMSA-PHC/CAS/FC; and
    (E) FMSA-TxHmL.
(b) Section 49.310 of this chapter (relating to Abuse, Neglect, and Exploitation Allegations), Subchapter D of this chapter (relating to Monitoring and Investigation of a Contractor), and Subchapter E, Divisions 2 and 3 of this chapter (relating to Immediate Protection; and Actions) do not apply to a contractor that has a contract for:
  (1) the HCS Program; or
  (2) the TxHmL Program.
(c) Subchapter D of this chapter and §49.523 of this chapter (relating to Referral Hold) do not apply to a contractor that has a contract for hospice.
(d) Sections 49.202 - 49.205 and §§49.207 - 49.211 of this chapter (relating to Provisional Contract; Provisional Contract Application Process; Additional Provisional Contract Application Requirements; License, Certification, Accreditation, and Other Requirements; Provisional Contract Application Denial; Provisional Contract Application Approval; Standard Contract; Contractor Change of Ownership or Legal Entity; and Religious Organization Applicants) and Subchapter G of this chapter (relating to Application Denial Period) do not apply to a contractor that has a contract for:
  (1) the CMPAS Program;
  (2) SSPD; or
  (3) SSPD - 24-hour shared attendant care.
(e) Section 49.310 of this chapter does not apply to a contractor that has a contract for one or more of the following programs or services:
  (1) a CLASS-CMA;
  (2) a CLASS-DSA;
  (3) the CMPAS Program;
  (4) the DBMD Program;
  (5) an FMSA-CLASS;
  (6) an FMSA-DBMD;
  (7) an FMSA-HCS;
  (8) an FMSA-PHC/CAS/FC;
  (9) an FMSA-TxHmL;
  (10) the PHC Program;
  (11) the CAS Program; and
  (12) the FC Program.

Source Note: The provisions of this §52.1 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; amended to be effective October 1, 2019, 44 TexReg 5149; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091