1. (a) Children and young adults in the following categories are eligible to participate in the STAR Health program:

   1. (1) a child in the conservatorship of the Texas Department of Family and Protective Services (DFPS), if the state as conservator elects to place the child in the STAR Health program;
   2. (2) a young adult from age 18 through the month of his or her 22nd birthday who voluntarily agrees to continue in foster care placement, if the state as conservator elects to place the child in the STAR Health program; and
   3. (3) a young adult from age 18 through the month of his or her 21st birthday who is an FFCC member or participating in the MTFCY Program.
2. (b) A young adult described in subsection (a)(2) and (3) of this section may choose to transfer from the STAR Health program to the STAR program.

3. (c) The following Medicaid recipients cannot participate in the STAR Health program:

   1. (1) Children and youth who have been adjudicated and placed with the Texas Juvenile Justice Department (TJJD);
   2. (2) Children and youth from other states who are placed in Texas through the Interstate Compact Placement Commission (ICPC) as defined by DFPS in 40 TAC Chapter 700, Subchapter S (relating to Interstate Placement of Children);
   3. (3) Children and youth in Medicaid-paid facilities such as nursing facilities or state supported living centers;
   4. (4) Children and youth who are in the conservatorship of DFPS who are placed outside of Texas;
   5. (5) Children and youth who are receiving adoption assistance Medicaid as defined by DFPS in 40 TAC Chapter 700, Subchapter H (relating to Adoption Assistance Program); and
   6. (6) Children who are declared manifestly dangerous as defined by the Texas Department of Health Services in accordance with 25 TAC Chapter 415, Subchapter G (relating to Determination of Manifest Dangerousness).

Source Note:The provisions of this §353.702 adopted to be effective March 1, 2012, 37 TexReg 1283; amended to be effective September 1, 2014, 39 TexReg 5873; amended to be effective November 1, 2016, 41 TexReg 8265.