Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
Subchapter D - TRANSFER, DENIAL, SUSPENSION, REDUCTION, AND TERMINATION OF SERVICES
Section 259.163 - Termination of CLASS Program Services and CFC Services with Advance Notice Because of Non-compliance with Mandatory Participation Requirements
Current through Reg. 49, No. 38; September 20, 2024
(a) HHSC may terminate an individual's CLASS Program services and CFC services if the individual refuses to comply with a mandatory participation requirement described in § 259.103 of this chapter (relating to Mandatory Participation Requirements of an Individual).
(b) If a CMA becomes aware that an individual has not complied with a mandatory participation requirement described in § 259.103 of this chapter, the CMA must immediately attempt to resolve the situation, including facilitating at least one in-person meeting between:
(c) If, after making attempts to resolve the situation as required by subsection (b) 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 the CMA's determination that the situation cannot be resolved and be supported by written documentation. The written documentation must include a description of:
(d) HHSC notifies the individual's CMA, in writing, of whether it authorizes the proposed termination of CLASS Program services and CFC services.
(e) After receiving a written notice from HHSC authorizing the proposed termination of CLASS Program services and CFC services, a CMA must, in accordance with the Community Living Assistance and Support Services Provider Manual:
(f) If an individual or LAR requests a fair hearing before the effective date of the termination of CLASS Program services and CFC services, as specified in the written notice, the DSA must provide the services to the individual in the amounts authorized in the IPC while the appeal is pending.
