Aging and Disability Services Council Sharon Swift Butterworth ...

and community-based facilities), waiver programs under §1915(c) of the Social Security Act,
and other community-based services and supports. The MRA must use the Explanation of
Services and Supports document, which is found at www.dads.state.tx.us; and
(2) give the applicant or LAR the Verification of Freedom of Choice Form, Waiver
Program which is found at www.dads.state.tx.us, to document the applicant's choice regarding
the HCS Program and ICF/MR Program.
(f) The MRA must withdraw an offer of a program vacancy made to an applicant or LAR and
remove the applicant's name from the HCS Program interest list if:
(1) within 30 calendar days after the MRA's offer made to the applicant or LAR in
accordance with subsection (a)(1), (2), or (3) of this section, the applicant or LAR does not
respond to the offer of the program vacancy;
(2) within seven calendar days after the applicant or LAR receives the Verification of
Freedom of Choice, Waiver Program form from the MRA in accordance with subsection (e)(2)
of this section, the applicant or LAR does not document the choice of HCS Program services
over the ICF/MR Program using the Verification of Freedom of Choice, Waiver Program form;
or
(3) within 30 calendar days after the applicant or LAR has received the contact information
regarding all program providers in the MRA's local service area in accordance with subsection
(l)(1) of this section, the applicant or LAR does not document the choice of a program provider
using the Documentation of Provider Choice form.
(g) If the MRA withdraws an offer of a program vacancy made to an applicant and removes
the applicant's name from the HCS Program interest list, the MRA must notify the applicant or
LAR of such actions, in writing, by certified United States mail and:
(1) 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, include a statement that the applicant's name will be
placed on the HCS Program interest list with a new registration date that is the date of the MRA's
notification; or
(2) for an applicant other than one described in paragraph (1) of this subsection, include a
statement that the applicant or the applicant's primary correspondent may request, orally or in
writing, to have the applicant's name placed on the HCS Program interest list with a new
registration date that is the date the applicant or LAR makes the request.
(h) If the applicant is currently receiving services from the MRA that are funded by general
revenue and the applicant declines the offer of the program vacancy, the MRA must terminate
those services that are similar to services provided under the HCS Program.
(i) If the MRA terminates an applicant's services in accordance with subsection (h) of this
section, the MRA must notify the applicant or LAR of the termination, in writing, by certified
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