Texas Register, Volume 38, Number 25, Pages 3857-4052, June 21, 2013 Page: 3,916
3857-4052 p. ; 28 cm.View a full description of this periodical.
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tion or training opportunities, and community volunteering designed to
help the individual enter and remain in the workforce and in the com-
munity. The CMPAS Program includes a co-payment provision based
on income to allow an individual to participate in the program regard-
less of income. The program empowers an individual to self-direct
services to the greatest extent possible under one of three service de-
livery options: the traditional service option, the block grant option, or
the consumer directed services option.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 10, 2013.
TRD-201302345
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: July 21, 2013
For further information, please call: (512) 438-4466
SUBCHAPTER B. ELIGIBILITY AND
SERVICE PLANS
40 TAC 44.201 - 44.206
STATUTORY AUTHORITY
The new sections are proposed under Texas Government
Code, 531.0055, which provides that the HHSC executive
commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, in-
cluding DADS; and Texas Human Resources Code, 161.021,
which provides that the Aging and Disability Services Council
shall study and make recommendations to the HHSC executive
commissioner and the DADS commissioner regarding rules
governing the delivery of services to persons who are served or
regulated by DADS.
The new sections implement Texas Government Code,
531.0055, and Texas Human Resources Code, 161.021.
44.201. Eligibility Criteria.
(a) To be eligible to receive services under the CMPAS Pro-
gram, an applicant must:
(1) be age 18 years of age or older;
(2) obtain and submit to the provider's assessor of need a
completed practitioner's statement;
(3) be assessed under 44.203 of this subchapter (relating
to Assessment and Eligibility Determination) as needing assistance
with at least one personal care task and needing an allowable service
for at least five hours per week;
(4) be able and willing to:
(A) self-direct the attendant; or
(B) designate a relative or friend who is willing and able
to direct the attendant without compensation;
(5) reside in an area in which CMPAS Program services are
available;(6) have a service plan developed under 44.203(a)(6)(A)
of this subchapter that does not exceed 52 hours per week of CMPAS
Program services;
(7) choose one of the three service delivery options de-
scribed in Subchapter D of this chapter (relating to Service Delivery
Options);
(8) not be receiving services in:
(A) a hospital;
(B) a nursing facility;
(C) a state supported living center;
(D) a state mental health facility; or
(E) an intermediate care facility for individuals with an
intellectual disability or related conditions.
(b) An individual is not eligible to receive services under the
CMPAS Program if the individual is receiving:
(1) other community services and supports, either Medic-
aid or non-Medicaid, under a service plan that exceeds the reimburse-
ment rate that would have been paid for the same individual to receive
services in a nursing facility;
(2) services under any of the following DADS programs:
(A) Primary Home Care, including Family Care (FC)
and Community Attendant Services (CAS);
(B) Residential Care; or
(C) Adult Foster Care;
(3) services under a 1915(c) Medicaid waiver program;
(4) regular or ongoing attendant services under either of the
following DADS programs:
(A) Special Services to Persons with Disabilities; or
(B) In-Home and Family Support.
(c) An individual may not receive services under the CMPAS
Program if the individual is Medicaid eligible and lives in a managed
care service area, unless the individual's spouse was employed as the
individual's attendant and the individual chose to remain in CMPAS
when the managed care service area was expanded to include the indi-
vidual's place of residence.
44.202. Applying for Services.
(a) To apply for the CMPAS Program, an applicant must con-
tact:
(1) a provider;
(2) a DADS regional office; or
(3) the 2-1-1 Texas Program.
(b) If an applicant contacts a provider, by the next working day
the provider must forward to the DADS regional office the applicant's:
(1) name;
(2) address;
(3) birth date;
(4) phone number(s) (if available);
(5) social security number (if available);
(6) current living arrangements;38 TexReg 3916 June 21, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 25, Pages 3857-4052, June 21, 2013, periodical, June 21, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313177/m1/60/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.