2001 Medically Dependent Children Program Eligibility

Revision 22-3; Effective Sept. 9, 2022

An individual applicant or member must meet the following criteria to be eligible for the Medically Dependent Children Program (MDCP):

  • be birth through 20;
  • live in Texas;
  • have an approved medical necessity (MN) for a nursing facility (NF) level of care (LOC);
  • have a need for at least one MDCP service not being addressed by other existing services and supports;
  • not be enrolled in another waiver program;
  • live in an appropriate living situation;
  • have a STAR Kids individual service plan (SK-ISP) with services under the established cost limit; and
  • have full Medicaid eligibility.

Refer to Appendix XIX, Mutually Exclusive Services, to determine if two services may be received simultaneously by an individual, applicant or member.

2001.1 Texas Administrative Code Medically Dependent Children Program Eligibility Requirements

Revision 22-3; Effective Sept. 9, 2022 

An individual, applicant or member must meet the following criteria as stated in Title 1 Texas Administrative Code (TAC) Section 353.1155 to be eligible for the Medically Dependent Children Program (MDCP):

  • be under 21 years old; 
  • reside in Texas; 
  • meet the level of care criteria (LOC) for medical necessity (MN) for nursing facility (NF) care as determined by the Texas Health and Human Services Commission (HHSC); 
  • have an unmet need for support in the community that can be met through one or more MDCP services; 
  • choose MDCP as an alternative to NF services, as described in 42 Code of Federal Regulations (CFR) Section 441.302(d); 
  • not be enrolled in one of the following Medicaid Home and Community Based Services (HCBS) waiver programs approved by the Centers for Medicaid & Medicare Services (CMS): 
    • the Community Living Assistance and Support Services (CLASS) Program; 
    • the Deaf Blind with Multiple Disabilities (DBMD) Program; 
    • the Home and Community-based Services (HCS) Program; 
    • the Texas Home Living (TxHmL) Program; or 
    • the Youth Empowerment Services waiver; 
  • live in: 
  • be determined by HHSC to be financially eligible for Medicaid under Chapter 358 of this title (relating to Medicaid Eligibility for the Elderly and People with Disabilities).

An applicant receiving NF Medicaid will be approved for MDCP if the applicant:

  • requests services while residing in a NF; and 
  • meets the eligibility criteria listed above. 

2002 Medical Necessity Determination

Revision 23-4; Effective Aug. 21, 2023 

A Medically Dependent Children Program (MDCP) applicant must have a valid medical necessity (MN) determination for a nursing facility (NF) level of care (LOC) to meet MDCP eligibility criteria. The MN determination is based on a completed STAR Kids Screening and Assessment Instrument (SK-SAI).

The managed care organization (MCO) completes and submits the SK-SAI to the Texas Medicaid & Healthcare Partnership (TMHP) through the TMHP Long Term Care Online Portal (LTCOP). The TMHP nurse or physician processes the SK-SAI and determines the applicant’s Resource Utilization Group (RUG) value and MN. The MCO uses the SK-SAI to create the applicant’s STAR Kids individual service plan (SK-ISP). The SK-ISP lists the applicant’s services and preferences for care. The cost of the applicant’s MDCP services listed on the SK-ISP must be at or under the RUG value.

Program Support Unit (PSU) staff do not calculate the SK-ISP cost limit. TMHP LTCOP automatically calculates the cost limit based on the RUG value. PSU staff must verify the applicant’s SK-ISP is within the cost limit by verifying the Total Estimated Waiver Costs is less than the Annual Cost Limit in the TMHP LTCOP SK-ISP.

PSU staff must upload all applicable documents to the Texas Health and Human Services (HHS) Enterprise Administrative Report and Tracking System (HEART) case record following the instructions in Appendix XVIII, STAR Kids HEART Naming Conventions. PSU staff must document all actions and verifications in the HEART case record.
 

2002.1 Texas Administrative Code Medical Necessity Determination Requirements

Revision 22-3; Effective Sept. 9, 2022 

Medical necessity (MN) is the prerequisite for participation in the Medically Dependent Children Program (MDCP). MN exists when an individual, applicant or member meets the conditions described below:

  • The individual must demonstrate a medical condition that: 
    • is of sufficient seriousness that the individual’s needs exceed the routine care which may be given by an untrained person; and 
    • requires licensed nurses' supervision, assessment, planning, and intervention that are available only in an institution. 
  • The individual must require medical or nursing services that: 
    • are ordered by a physician; 
    • are dependent upon the individual’s documented medical conditions; 
    • require the skills of a registered or licensed vocational nurse; 
    • are provided either directly by or under the supervision of a licensed nurse in an institutional setting; and 
    • are required on a regular basis.

2002.2 Medical Necessity Approval Time Frame for Initial Eligibility Determinations

Revision 23-4; Effective Aug. 21, 2023 

A medical necessity (MN) approval is valid for 120 days from the Texas Medicaid & Healthcare Partnership (TMHP) MN approval date for an initial applicant. The managed care organization (MCO) must complete a new initial STAR Kids Screening and Assessment Instrument (SK-SAI) if the applicant is not enrolled in the Medicaid for Dependent Children Program (MDCP) within 120 days from the MN approval.

Program Support unit (PSU) staff must complete the following activities within two business days from the MN expiration of 120 days:

  • upload Form H2067-MC,  Managed Care Programs Communication, to TxMedCentral advising the MCO:
    • the approved MN determination is past 120 days; and
    • a new initial SK-SAI is required for PSU staff to determine MDCP eligibility;
  • upload Form H2067-MC to the Texas Health and Human Services (HHS) Enterprise Administrative Report and Tracking System (HEART) case record; and
  • document the HEART case record.

The MCO must submit a new initial SK-SAI to the TMHP Long Term Care Online Portal (LTCOP) before PSU staff can determine MDCP eligibility. 
 

2010 Initial Requests for Medically Dependent Children Program

Revision 18-0; Effective September 4, 2018

An individual requesting services through the Medically Dependent Children Program (MDCP) must be placed on the MDCP interest list, regardless of the program’s enrollment status, according to the date and time of the request. Individuals are released from the MDCP interest list in the order of their request date. An individual is placed on the MDCP interest list by calling Interest List Management (ILM) Unit staff’s toll-free number at 877-438-5658.

If a Texas Health and Human Services Commission (HHSC) regional office or managed care organization (MCO) service coordinator receives a request for MDCP services, they inform the individual about the interest list and refer the individual directly to ILM Unit staff at 877-438-5658 for placement on the interest list.

The individual’s name may only be added to the MDCP interest list if the individual is less than age 21 and resides in Texas.

2020 Interest List Management Unit Responsibilities

Revision 21-10; Effective October 25, 2021
 
Interest List Management (ILM) Unit staff are Texas Health and Human Services Commission (HHSC) staff responsible for maintaining and releasing individuals from the Medically Dependent Children Program (MDCP) interest list. ILM Unit staff must use the Community Services Interest List (CSIL) database to track individuals who request the MDCP program. ILM Unit staff must release individuals from the MDCP program interest list as slots become available in the program.

ILM Unit staff perform the following activities for individuals who request placement on the MDCP interest list:

  • Place individuals on the interest list;
  • Maintain annual contact requirements;
  • Release individuals from the interest list when funding is available; and
  • Confirm individuals on the interest list are viable MDCP candidates before release by:
    • verifying all contact information is correct;
    • checking the Texas Integrated Eligibility Redesign System (TIERS) to determine the Medicaid eligibility status;
    • confirming Texas residency; and
    • verifying the individual is still interested in the MDCP.

ILM Unit staff are required to complete annual contacts for individuals on the MDCP interest list to verify the current address, phone number and confirm continued interest in the program. The interest list status will automatically update to an inactive status if no response is received from the individual within 120 days of the annual contact. The individual will remain in an inactive status until the individual notifies ILM Unit staff of continued interest in MDCP.

ILM Unit staff perform the following activities upon an individual’s release from the MDCP interest list:

  • Verify the individual’s Medicaid type of assistance (TOA) in TIERS, if applicable;
  • Contact the individual by phone to notify them of reaching the top of the interest list;
  • Confirm continued interest in MDCP;
  • Provide a general description of MDCP services;
  • Discuss managed care organizations (MCOs) operating in the individual’s service area (SA);
  • Encourage the individual to contact the MCO for additional information and available services, if applicable;
  • Create a Program Support Unit (PSU) MDCP interest list release (ILR) case record assignment in the Texas Health and Human Services (HHS) Enterprise Administrative Report and Tracking System (HEART);
  • Assign each MDCP ILR HEART case record to PSU staff for individuals who confirm interest in MDCP; and
  • Update the CSIL database record’s status to assigned.

If the individual does not wish to pursue MDCP:

  • The individual can be added back to the bottom of the interest list for an offer in the future, at the individual’s request; or
  • The ILR will be closed with the appropriate closure code in the CSIL database.

See the Uniform Managed Care Manual (UMCM) §16.2 for specific requirements regarding MDCP interest list releases for STAR Health members.

PSU staff must refer to Section 2100, Enrollment Following Release from the Interest List, for MDCP procedures following an individual’s release from the MDCP interest list.

An individual requesting MDCP through the Money Follows the Person (MFP) limited nursing facility (NF) stay option may contact the ILM Unit or their MCO. This request will not be considered a release from the interest list, but instead as a referral of an individual interested in bypassing the interest list through the MFP limited stay option.

PSU staff must refer to Section 2400, Money Follows the Person, for ILM procedures related to MFP processes.

2030 Program Support Unit Staff Responsibilities

Revision 18-0; Effective September 4, 2018

The Program Support Unit (PSU) staff are regional Texas Health and Human Services Commission (HHSC) staff responsible for facilitating the required components of the Medically Dependent Children Program (MDCP) eligibility process by coordinating between HHSC, managed care organizations (MCOs) and MDCP individuals. PSU staff document all coordination efforts in the individual’s Texas Health and Human Services (HHS) Enterprise Administrative Report and Tracking System (HEART) case record.