Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 373 - MEDICAID ESTATE RECOVERY PROGRAM
Subchapter C - NOTICE
Section 373.301 - Notice Upon Application
Universal Citation: 1 TX Admin Code ยง 373.301
Current through Reg. 49, No. 38; September 20, 2024
(a) Written notice of the MERP provisions will be provided to:
(1) Individuals for Medicaid-covered nursing
facility services:
(A) With an application
packet or notice of eligibility for Medicaid nursing facility
services;
(B) Within 14 days of the
Department of Aging and Disability Services' receipt of a nursing facility
admission notice for a Medicaid recipient.
(2) Individuals for Medicaid-covered Home and
Community-Based Services (§1915 (c), Social Security Act) and Community
Attendant Services (§1929(b), Social Security Act):
(A) Prior to an individual's signing an
election statement for Home and Community-Based Services, as an alternative to
institutionalization; or
(B) At the
initial home visit for Community Attendant Services;
(3) Individuals for Medicaid-covered mental
retardation services by the Local Mental Retardation Authority, in conjunction
with other notification described in:
(A) 40
TAC §RSA
9.244, for Intermediate Care Facilities for
the Mentally Retarded;
(B) 40 TAC
§
RSA
9.164, for the Home and Community-Based
Services waiver; and
(C) 40 TAC
§
RSA
9.567, for the Texas Home Living
waiver.
(4) Individuals
committed by a court order for evaluation of fitness or competency to state
Intermediate Care Facilities for the Mentally Retarded (ICFMR) will be notified
of the MERP provisions by faculty staff at the time of their admission to the
facility.
(b) Medicaid long-term care services provided before the effective dates of these rules are not covered services for the purpose of MERP.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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