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 259.167 - Termination of CLASS Program Services and CFC Services Without Advance Notice Because of Behavior Causing Immediate Jeopardy

Universal Citation: 26 TX Admin Code § 259.167

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 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.

(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).

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