SECTION 353.1151. General Provisions

(a) Home and Community Based Services (HCBS) are community-based services and supports to eligible individuals as an alternative to institutional services, such as those described in Section 1915 of the Social Security Act. HCBS are intended to enhance the individual's integration into the community, maintain or improve the individual's independent functioning, and prevent the individual's admission to an institution.

(b) Delivery of HCBS in managed care must comply with 42 CFR §441.530, with the exception of the delivery of out of home respite.

(c) Participation in managed care does not affect an individual's ability to receive HCBS operated by HHSC or another agency if the delivery of HCBS is not through an MCO.

(d) Participation in managed care does not impact an individual's ability to access or maintain a slot on the interest list(s) of an HCBS program.

(e) Delivery of Community First Choice Services in managed care must comply with Chapter 354, Subchapter A, Division 27 of this title (relating to Community First Choice).

(f) HCBS providers contracted with MCOs are subject to investigation of suspected or alleged abuse, neglect, or exploitation as described in 40 TAC, Chapter 700 (relating to Child Protective Services), Chapter 705 (relating to Adult Protective Services), and Chapter 745 (relating to Licensing).

Source Note: The provisions of this §353.1151 adopted to be effective November 1, 2016, 41 TexReg 8265