Text of section effective on April 01, 2025
Sec. 546.0454.  INTEREST LIST MANAGEMENT FOR CERTAIN MEDICAID WAIVER PROGRAMS.  (a)  This section applies only to the following waiver programs:
(1)  the community living assistance and support services (CLASS) waiver program;
(2)  the home and community-based services (HCS) waiver program;
(3)  the deaf-blind with multiple disabilities (DBMD) waiver program;
(4)  the Texas home living (TxHmL) waiver program;
(5)  the medically dependent children (MDCP) waiver program; and
(6)  the STAR+PLUS home and community-based services (HCBS) program.
(b)  The commission, in consultation with the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 542.0052, the state Medicaid managed care advisory committee, and interested stakeholders, shall develop a questionnaire to be completed by or on behalf of an individual who requests to be placed on or is currently on an interest list for a waiver program.
(c)  The questionnaire developed under Subsection (b) must, at a minimum, request the following information about an individual seeking or receiving services under a waiver program:
(1)  contact information for the individual or the individual's parent or other legally authorized representative;
(2)  the individual's general demographic information;
(3)  the individual's living arrangement;
(4)  the types of assistance the individual requires;
(5)  the individual's current caregiver supports and circumstances that may cause the individual to lose those supports; and
(6)  when the delivery of services under a waiver program should begin to ensure the individual's health and welfare and that the individual receives services and supports in the least restrictive setting possible.
(d)  If an individual is on a waiver program's interest list and the individual or the individual's parent or other legally authorized representative does not respond to a written or verbal request made by the commission to update information concerning the individual or otherwise fails to maintain contact with the commission, the commission:
(1)  shall designate the individual's status on the interest list as inactive until the individual or the individual's parent or other legally authorized representative notifies the commission that the individual is still interested in receiving services under the waiver program; and
(2)  at the time the individual or the individual's parent or other legally authorized representative provides notice to the commission under Subdivision (1), shall designate the individual's status on the interest list as active and restore the individual to the position on the list that corresponds with the date the individual was initially placed on the list.
(e)  The commission's designation of an individual's status on an interest list as inactive under Subsection (d) may not result in the removal of the individual from that list or any other waiver program interest list.
(f)  Not later than September 1 of each year, the commission shall provide to the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 542.0052, or, if that advisory committee is abolished, an appropriate stakeholder advisory committee, as determined by the executive commissioner, the number of individuals, including individuals whose status is designated as inactive by the commission, who are on an interest list to receive services under a waiver program.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.