(a) To be a contractor, an applicant must have a license, certification, accreditation, or other document as follows:
  (1) CLASS-CFS and CLASS-SFS require:
    (A) a permit to operate a child-placing agency issued by HHSC in accordance with Chapter 745 of this title (relating to Licensing); or
    (B) a HCSSA license issued by HHSC in accordance with 26 TAC Chapter 558 (relating to Licensing Standards for Home and Community Support Services Agencies) with:
      (i) the licensed home health services (LHHS) category; or
      (ii) the licensed and certified home health services (L&CHHS) category;
  (2) CLASS-DSA requires a HCSSA license issued by HHSC in accordance with 26 TAC Chapter 558 with:
    (A) the LHHS category; or
    (B) the L&CHHS category;
  (3) the DBMD Program requires:
    (A) a HCSSA license issued by HHSC in accordance with 26 TAC Chapter 558 with:
      (i) the LHHS category; or
      (ii) the L&CHHS category; and
    (B) for a contractor that provides residential services to four to six individuals, an assisted living facility license Type A or Type B issued by HHSC in accordance with 26 TAC Chapter 553 (relating to Licensing Standards for Assisted Living Facilities);
  (4) TAS requires:
    (A) written documentation from HHSC or the Administration for Community Living of the United States Department of Health and Human Services that the applicant is a center for independent living, as defined by 29 United States Code §796a;
    (B) a contract other than the TAS contract; or
    (C) written designation by HHSC as an area agency on aging;
  (5) Medicaid hospice requires:
    (A) a HCSSA license for hospice issued by HHSC in accordance with 26 TAC Chapter 558; and
    (B) a written notification from the Centers for Medicare & Medicaid Services that the applicant is certified to participate as a hospice agency in the Medicare Program;
  (6) the PHC Program, CAS Program, and FC Program require a HCSSA license issued by HHSC in accordance with 26 TAC Chapter 558 with:
    (A) the LHHS category;
    (B) the L&CHHS category; or
    (C) the PAS category;
  (7) DAHS requires a DAHS facility license issued by HHSC in accordance with Chapter 98 of this title (relating to Day Activity and Health Services Requirements);
  (8) Title XX AFC requires for an AFC home serving four to eight individuals, an assisted living facility license Type A or Type B issued by HHSC in accordance with 26 TAC Chapter 553; and
  (9) Title XX RC requires an assisted living facility license Type A or Type B issued by HHSC in accordance with 26 TAC Chapter 553.
(b) The license, certification, accreditation, or other document required by subsection (a) of this section must be valid in the service or catchment area:
  (1) in which the applicant is seeking to provide services; or
  (2) covered under the contractor's contract.

Source Note: The provisions of this §52.33 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 28, 2016, 41 TexReg 7514; 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