SECTION 373.301. Notice Upon Application

(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 §9.244, for Intermediate Care Facilities for the Mentally Retarded;

(B) 40 TAC §9.164, for the Home and Community-Based Services waiver; and

(C) 40 TAC §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.

Source Note: The provisions of this §373.301 adopted to be effective March 1, 2005, 30 TexReg 830