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Revision 26-1; Effective March 16, 2026
Texas Senate Bill (SB) 1207, Section 531.0601, from the 86th Legislature, Regular Session, in 2019, required the Texas Health and Human Services Commission (HHSC) to provide Medicaid waiver interest list (IL) options to a member terminated from the Medically Dependent Children Program (MDCP) due to:
- no longer meeting the medical necessity (MN) determination for a nursing facility (NF) level of care (LOC); or
- aging out of the program.
The IL options available to the member depend on if the member was denied MN at reassessment or aged out of MDCP. An eligible member or their legally authorized representative (LAR) can request one of the following IL options on or before the 120th day from the Date of Notice on Form H2065-D, Notification of Managed Care Program Services:
- First position provides eligible members denied MN at reassessment the option to return to the top of the MDCP IL to be reassessed when an interest list (IL) slot becomes available.
- Advanced placement provides eligible members denied MN at reassessment or those who aged out of MDCP, the option to move up on the IL of another Section 1915(c) Medicaid waiver program using their MDCP request date, if applicable.
A member or LAR can request the first position and advanced placement IL options with or without also requesting a state fair hearing. PSU staff must complete the actions in 7200, State Fair Hearing Procedures for Medically Dependent Children Program, when the member or LAR requests a state fair hearing.