Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES
Subchapter B - ELIGIBILITY AND SERVICE PLANS
Section 44.201 - Eligibility Criteria
Universal Citation: 40 TX Admin Code § 44.201
Current through Reg. 50, No. 13; March 28, 2025
(a) To be eligible to receive services under the CMPAS Program, 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 described 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 Medicaid or non-Medicaid, under a service plan that exceeds the
reimbursement 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 individual's place of residence.
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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