Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 357 - HEARINGS
Subchapter A - UNIFORM FAIR HEARING RULES
Section 357.11 - Notice and Continued Benefits
Universal Citation: 1 TX Admin Code ยง 357.11
Current through Reg. 49, No. 38; September 20, 2024
(a) The agency must:
(1) follow the notice
requirements set forth in the appropriate state or federal law or regulation
for the affected program;
(2) give
clients timely and adequate notice, as appropriate, of the right to a fair
hearing;
(3) explain the right of
appeal;
(4) explain the procedures
for requesting an appeal;
(5)
explain the right to be represented by others, including legal
counsel;
(6) provide information
about legal services available in the community;
(7) continue benefits if required to do so by
state or federal law or regulations of the affected program; and
(8) not reinstate or continue SNAP benefits
if a client requests a fair hearing after the date his certification period has
ended.
(b) In Medicaid cases, except as specifically provided in federal regulations, the following apply:
(1) The written notice to an
individual of the individual's right to a hearing must:
(A) contain an explanation of the
circumstances under which Medicaid is continued if a hearing is requested;
and
(B) be mailed at least 10 days
before the date the individual's Medicaid eligibility or service is scheduled
to be terminated, suspended, or reduced, except as provided by federal
rules.
(2) If a hearing
is requested before the date a Medicaid recipient's service, including a
service that requires prior authorization, is scheduled to be terminated,
suspended, or reduced, the agency may not take that proposed action before a
decision is rendered after the hearing unless:
(A) it is determined at the hearing that the
sole issue is one of federal or state law or policy; and
(B) the agency promptly informs the recipient
in writing that services are to be terminated, suspended, or reduced pending
the hearing decision.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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