1. (a) HHSC maintains, for each HHSC region, a community services interest list for each community care services eligibility service or program authorized under Title XX of the Social Security Act.
2. (b) A person or responsible person may request in person, by phone, or in writing that HHSC add a person's name to a Title XX of the Social Security Act community services interest list. The person making the request must provide a Texas address for the person.

3. (c) HHSC adds a person's name to a community services interest list if:

   1. (1) a request is made in accordance with subsection (b) of this section; or
   2. (2) an applicant's name is on the interest list for an HHSC region and the applicant or a responsible person notifies HHSC that the applicant has moved to another HHSC region and requests that the applicant's name be added to the interest list for the HHSC region to which the applicant has moved.

4. (d) HHSC adds an applicant's name to a community services interest list with an interest list request date as follows:

   1. (1) for a request to add an applicant's name to the interest list made in accordance with subsection (b) of this section, the date of the request; or
   2. (2) for a request to add an applicant's name to the interest list made in accordance with subsection (c)(2) of this section, the date of the original request made in accordance with subsection (b) of this section.

5. (e) HHSC removes an applicant's name from a community services interest list if:

   1. (1) the applicant or responsible person requests that the applicant's name be removed from the interest list;

   2. (2) the applicant moves out of Texas, unless the applicant is a military family member living outside of Texas:

      1. (A) while the military member is on active duty; or
      2. (B) for less than one year after the former military member's active duty ends;
   3. (3) the applicant is a military family member living outside of Texas for more than one year after the former military member's active duty ends;

   4. (4) the applicant or responsible person declines an offer of a community care service or program when contacted by HHSC, as described in §271.7 of this subchapter (relating to Interest Lists) unless the applicant is a military family member living outside of Texas:

      1. (A) while the military member is on active duty; or
      2. (B) for less than one year after the former military member's active duty ends;
   5. (5) the applicant is deceased; or
   6. (6) HHSC denies an applicant's eligibility for the community care service or program and the applicant has had an opportunity to exercise the right to appeal the decision in accordance with Title 1 Texas Administrative Code (TAC), Part 15, §357.3 (relating to Authority and Right to Appeal) or §271.155 of this chapter (relating to Denial, Reduction, and Termination of Benefits) and did not appeal the decision, or appealed and did not prevail.

6. (f) If HHSC removes an applicant's name from a community services interest list in accordance with subsection (e)(1) - (4) of this section and, within 90 calendar days after the name was removed, HHSC receives an oral or written request to reinstate the applicant's name on the interest list, HHSC:

   1. (1) reinstates the applicant's name to the interest list with an interest list request date described in subsection (d)(1) or (2) of this section; and
   2. (2) notifies the applicant in writing that the applicant's name has been reinstated to the interest list in accordance with paragraph (1) of this subsection.

7. (g) If HHSC removes an applicant's name from a community services interest list in accordance with subsection (e)(1) - (4) of this section and, more than 90 calendar days after the name was removed, HHSC receives an oral or written request to reinstate the applicant's name on the community services interest list, HHSC:

   1. (1) adds the applicant's name to the community services interest list with a request date of:

      1. (A) the date HHSC receives the oral or written request to reinstate; or
      2. (B) because of extenuating circumstances as determined by HHSC, the original request date described in subsection (d)(1) or (2) of this section; and
   2. (2) notifies the applicant in writing that the applicant's name has been added to the community services interest list in accordance with paragraph (1) of this subsection.

8. (h) If HHSC removes an applicant's name from a community services interest list in accordance with subsection (e)(6) of this section and HHSC subsequently receives an oral or written request to reinstate the applicant's name on the community services interest list, HHSC:

   1. (1) adds the applicant's name to the community services interest list with a request date of the date HHSC receives the oral or written request to reinstate; and
   2. (2) notifies the applicant in writing that the applicant's name has been added to the community services interest list in accordance with paragraph (1) of this subsection.

Source Note:The provisions of this §271.5 adopted to be effective May 23, 2016, 41 TexReg 3749; transferred effective September 15, 2023, as published in the August 18, 2023, issue of the Texas Register, 48 TexReg 4523; amended to be effective September 10, 2025, 50 TexReg 5936.