26 Tex. Admin. Code § 262.507 - Termination of TxHmL Program Services and CFC Services with Advance Notice
(a) HHSC terminates
an individual's TxHmL Program services and CFC services if:
(1) the individual does not meet the
eligibility criteria described in §
262.101(a)(1) - (7) and
(c) of this chapter (relating to Eligibility
Criteria for TxHmL Program Services and CFC Services); or
(2) the individual or LAR refuses to
cooperate in the provision or planning of services and:
(A) the refusal is documented by the program
provider and the service coordinator; and
(B) the service coordinator has explained to
the individual or LAR, in writing, that the refusal may result in termination
of TxHmL Program services and CFC services.
(b) If a service coordinator becomes aware
that a situation described in subsection (a) of this section exists, the
service coordinator must, as soon as practicable, convene a service planning
team meeting to discuss the situation. If, after the meeting, the service
coordinator determines that the situation cannot be resolved, the service
coordinator must request that HHSC terminate the individual's services. To make
this request, the service coordinator must complete HHSC Request for
Termination of Services form and submit the form to HHSC.
(c) If the basis of a service coordinator's
request to terminate the individual's services is the reason described in
subsection (a)(2) of this section, the service coordinator must include the
following information with the completed HHSC Request for Termination of
Services form submitted to HHSC:
(1) a
detailed description of how the individual or LAR refused to cooperate in the
provision or planning of services;
(2) a copy of the documentation of the
refusal by the service coordinator and program provider as required by
subsection (a)(2)(A) of this section; and
(3) a copy of the written explanation
provided to the individual or LAR that the refusal may result in termination of
TxHmL Program services and CFC services, as required by subsection (a)(2)(B) of
this section.
(d) If HHSC
receives a completed HHSC Request for Termination of Services form and, if
required, the information described in subsection (b) of this section from a
service coordinator, HHSC reviews the form and the information. If HHSC
approves the request, HHSC sends written notice to the individual or LAR of the
proposal to terminate TxHmL Program services and CFC services. The notice
includes the individual's right to request a fair hearing in accordance with
§
262.601 of this chapter (relating
to Fair Hearing).
(e) If the
individual or LAR requests a fair hearing before the effective date of the
termination of TxHmL Program services and CFC services, as specified in the
written notice, the program provider must provide services to the individual in
the amounts authorized in the IPC while the appeal is pending
Notes
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