26 Tex. Admin. Code § 52.1 – Application

(a) Except as provided in subsections (b) - (e) of this section, all of the sections of this chapter apply to an applicant or contractor for one or more of the following programs and services:
1. (1) Medicaid waiver programs and services under Title XIX, §1915(c) of the Social Security Act as follows:
  1. (A) the Community Living Assistance and Support Services (CLASS) Program:
    1. (i) CLASS-case management agency (CMA);
    2. (ii) CLASS-continued family services (CFS);
    3. (iii) CLASS-direct service agency (DSA); and
    4. (iv) CLASS-support family services (SFS);
  2. (B) the Deaf Blind with Multiple Disabilities (DBMD) Program;
  3. (C) the Home and Community-based Services (HCS) Program;
  4. (D) the Texas Home Living (TxHmL) Program; and
  5. (E) transition assistance services (TAS);
2. (2) Medicaid state plan programs or services under Title XIX, §1902(a)(10)(A) of the Social Security Act as follows:
  1. (A) hospice;
  2. (B) the Primary Home Care (PHC) Program;
  3. (C) the Community Attendant Services (CAS) Program; and
  4. (D) day activity and health services (DAHS);
3. (3) services and programs under Title XX, Subtitle A of the Social Security Act as follows:
  1. (A) adult foster care (AFC);
  2. (B) emergency response services;
  3. (C) the Home-Delivered Meals (HDM) Program;
  4. (D) residential care (RC);
  5. (E) DAHS;
  6. (F) the Family Care (FC) Program;
  7. (G) the Consumer Managed Personal Attendant Services (CMPAS) Program;
  8. (H) special services to persons with disabilities (SSPD); and
  9. (I) SSPD - 24-hour shared attendant care; and
4. (4) financial management services under the consumer directed services option authorized under Texas Government Code Chapter 546, Subchapter C as follows:
  1. (A) financial management services agency (FMSA)--CLASS;
  2. (B) FMSA-DBMD;
  3. (C) FMSA-HCS;
  4. (D) FMSA-PHC/CAS/FC; and
  5. (E) FMSA-TxHmL.
(b) Section 49.310 of this chapter (relating to Abuse, Neglect, and Exploitation Allegations), Subchapter D of this chapter (relating to Monitoring and Investigation of a Contractor), and Subchapter E, Divisions 2 and 3 of this chapter (relating to Immediate Protection; and Actions) do not apply to a contractor that has a contract for:
1. (1) the HCS Program; or
2. (2) the TxHmL Program.
(c) Subchapter D of this chapter and §49.523 of this chapter (relating to Referral Hold) do not apply to a contractor that has a contract for hospice.
(d) Sections 49.202 - 49.205 and §§49.207 - 49.211 of this chapter (relating to Provisional Contract; Provisional Contract Application Process; Additional Provisional Contract Application Requirements; License, Certification, Accreditation, and Other Requirements; Provisional Contract Application Denial; Provisional Contract Application Approval; Standard Contract; Contractor Change of Ownership or Legal Entity; and Religious Organization Applicants) and Subchapter G of this chapter (relating to Application Denial Period) do not apply to a contractor that has a contract for:
1. (1) the CMPAS Program;
2. (2) SSPD; or
3. (3) SSPD - 24-hour shared attendant care.
(e) Section 49.310 of this chapter does not apply to a contractor that has a contract for one or more of the following programs or services:
1. (1) a CLASS-CMA;
2. (2) a CLASS-DSA;
3. (3) the CMPAS Program;
4. (4) the DBMD Program;
5. (5) an FMSA-CLASS;
6. (6) an FMSA-DBMD;
7. (7) an FMSA-HCS;
8. (8) an FMSA-PHC/CAS/FC;
9. (9) an FMSA-TxHmL;
10. (10) the PHC Program;
11. (11) the CAS Program; and
12. (12) the FC Program.

Source Note:The provisions of this §52.1 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; amended to be effective October 1, 2019, 44 TexReg 5149; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091; amended to be effective April 1, 2025, 50 TexReg 2203.