CLASS Residency rules consolidated

In order to clarify what the statement in CLASS Eligibility means when it states:

“The individual resides in his or her own home or family home.”

I followed all the links to different Texas Administrative Codes (TAC) and documents.

1300 CLASS Program Eligibility – The individual resides in his or her own home or family home.

CLASS Provider Manual

The CLASS Program does not provide for the following:    (1) room and board except for out-of-home respite as described in §45.806(b)(2) of this chapter (relating to Respite);

TAC 45.105

(b) An individual is not considered to reside in the individual’s own home or family home if the individual is admitted to one of the facilities listed in subparagraphs (A) – (G) in the definition of “own home or family home” in §45.103 of this chapter (relating to Definitions) for more than 180 consecutive calendar days.

TAC 45.201

(84) Own home or family home–A residence that is not:

(A) an ICF/IID;

(B) a nursing facility licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 242;

(C) an assisted living facility licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 247;

(D) a residential child-care operation licensed or subject to being licensed by DFPS unless it is a foster family home or a foster group home;

(E) a facility licensed or subject to being licensed by the Department of State Health Services;

(F) a residential facility operated by the Texas Workforce Commission;

(G) a residential facility operated by the Texas Juvenile Justice Department, a jail, or prison; or

(H) a setting in which two or more dwellings, including units in a duplex or apartment complex, single family homes, or facilities listed in subparagraphs (A) – (G) of this paragraph, but excluding supportive housing under Section 811 of the National Affordable Housing Act of 1990, meet all of the following criteria:

(i) the dwellings create a residential area distinguishable from other areas primarily occupied by persons who do not require routine support services because of a disability;

(ii) most of the residents of the dwellings are individuals with an intellectual disability, a related condition, or a physical disability; and

(iii) the residents of the dwellings are provided routine support services through personnel, equipment, or service facilities shared with the residents of the other dwellings.

TAC 45.103