Aging and Disability Services Council Sharon Swift Butterworth ...

accordance with §9.157 of this subchapter;
(3) for whom DADS has proposed to terminate or has terminated TxHmL Program
services because the applicant no longer meets the eligibility criteria described in §9.556(a)(5)
and (8) of this chapter (relating to Eligibility Criteria); or
(4) who is a member of a target group identified in the approved HCS waiver application.
(b) Except as provided in subsection (c) of this section, the MRA must make the offer of
program vacancy in writing and deliver it to the applicant or LAR by regular United States mail
or by hand delivery.
(c) The MRA must make the offer of program vacancy to an applicant described in subsection
(a)(4) of this section who is currently receiving services in a state supported living center or a
state mental health facility as defined by §2.253 of this title (relating to Definitions) in
accordance with DADS procedures.
(d) The MRA must include in a written offer that is made in accordance with subsection
(a)(1), (2), or (3) of this section:
(1) a statement that:
(A) if the applicant or LAR does not respond to the offer of the program vacancy
within 30 calendar days after the MRA's written offer, the MRA withdraws the offer of the
program vacancy, and:(i) for an applicant who is under 22 years of age and residing in an
institution listed in §9.157(a)(1)(B)(i)-(v) of this subchapter, the MRA removes the applicant's
name from the HCS Program interest list in accordance with §9.157(a)(3)(F) of this subchapter
and places the applicant's name on the HCS Program interest list with a new registration date that
is the date of the MRA's notification; or
(ii) for an applicant other than one described in clause (i) of this subparagraph, the MRA
removes the applicant's name from the HCS Program interest list in accordance with
§9.157(a)(3)(F) of this subchapter; and
(B) if the applicant is currently receiving services from the MRA that are funded by
general revenue and the applicant or LAR declines the offer of the program vacancy, the MRA
terminates those services that are similar to services provided under the HCS Program; and
(2) information relating to the time frame requirements described in subsection (f) of this
section using the Deadline Notification form, which is found at www.dads.state.tx.us.
(e) If an applicant or LAR responds to an offer of program vacancy, the MRA must:
(1) provide the applicant, LAR, and, if the LAR is a not family member, at least one family
member (if possible) both an oral and written explanation of the services and supports for which
the applicant may be eligible, including the ICF/MR Program (both state supported living centers
- 5 -