Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 371 - MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
Subchapter G - ADMINISTRATIVE ACTIONS AND SANCTIONS
Division 1 - GENERAL PROVISIONS
Section 371.1609 - Notice and Service
Universal Citation: 1 TX Admin Code ยง 371.1609
Current through Reg. 49, No. 38; September 20, 2024
(a) Service of notice.
(1) When required by this subchapter,
the OIG provides written notice by:
(A) hand
delivery, in which case notice is presumed to be received on the date of
delivery;
(B) certified mail with
return receipt requested, in which case notice is presumed to be received on
the date of the signature of the addressee or its agent on the return receipt
or on the delivery date as reflected in the records of the United States Postal
Service if the return receipt is unsigned or certified mail is
unclaimed;
(C) registered mail, in
which case notice is presumed to be received on the date of delivery as
reflected in the records of the United States Postal Service;
(D) fax with confirmation page, in which case
notice is presumed to be received on the date of the confirmation of the fax;
or
(E) regular mail plus one of the
other methods enumerated in subparagraphs (A) - (D) of this
paragraph.
(2) Notice
may be delivered to the subject of the OIG action, any affiliate of the
subject, the subject's authorized representative, or any adult at the subject's
address of record. Receipt by any of these persons is effective as against the
provider or person subject to the OIG action.
(3) Notice provided in any manner as provided
for in this section constitutes prima facie evidence of proper notice of agency
action.
(b) Contents of Notice. The OIG notices generally include, as applicable:
(1) a description of the action or potential
action being taken, including any financial amounts at issue;
(2) the basis of the action or potential
action;
(3) the effect of the
action or potential action;
(4) the
duration of the action;
(5) a
statement regarding the person's due process rights and the right to submit
additional evidence or information for consideration, if applicable;
and
(6) any additional information
required by statute or this subchapter.
(c) Documents sent to the OIG are considered received by the OIG only when received by 5:00 p.m. on a business day. A document received after 5:00 p.m. on a business day is considered received on the next business day.
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