26 Tex. Admin. Code § 259.167 - Termination of CLASS Program Services and CFC Services Without Advance Notice Because of Behavior Causing Immediate Jeopardy
(a) HHSC may
terminate an individual's CLASS Program services and CFC services if the
individual or a person in the individual's residence exhibits behavior that
places the health and safety of the CMA's case manager or the DSA's service
provider in immediate jeopardy.
(b)
If a CMA or DSA becomes aware that a situation described in subsection (a) of
this section exists, the CMA or DSA must:
(1)
immediately file a report with the appropriate law enforcement agency and, if
appropriate, make an immediate referral to DFPS; and
(2) notify the CMA or DSA, as appropriate,
and HHSC by telephone of the situation no later than the business day after the
day the CMA or DSA becomes aware of the situation.
(c) A CMA must, working with an individual's
DSA, attempt to resolve the situation.
(d) If, after making attempts to resolve the
situation as required by subsection (c) of this section, a CMA determines that
the situation cannot be resolved, the CMA must request, in writing, that HHSC
terminate CLASS Program services and CFC services for the individual. The
request must be sent to HHSC no later than two business days after HHSC was
notified of the situation by the CMA or DSA and be supported by written
documentation.
(e) A CMA must
include in the written documentation required by subsection (d) of this
section:
(1) a description of the situation
that resulted in the request to terminate the individual's CLASS Program
services and CFC services;
(2) a
detailed description of the attempts by the CMA to resolve the situation; and
(3) if available, a copy of any
report issued by a law enforcement agency or DFPS regarding the situation.
(f) HHSC notifies the
individual's CMA and DSA, in writing, of whether it authorizes the termination
of CLASS Program services and CFC services.
(g) Upon receipt of a written notice from
HHSC authorizing the termination of CLASS Program services and CFC services, a
CMA must:
(1) no later than the date of the
termination of services, send written notice to the individual or LAR of the
termination of services, copying the DSA and, if the individual receives a
service through the CDS option, the FMSA; and
(2) include in the written notice the
individual's right to request a fair hearing in accordance with §
259.101 of this chapter (relating
to Individual's Right to a Fair Hearing).
Notes
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