Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES
Subchapter E - ADDITIONAL PROGRAM REQUIREMENTS
Section 44.503 - Fair Hearing

Universal Citation: 40 TX Admin Code ยง 44.503

Current through Reg. 49, No. 38; September 20, 2024

(a) An individual may request a fair hearing for any action that affects the co-payment of the individual or that denies, reduces, or terminates benefits in accordance with 1 TAC Part 15, Chapter 357, Subchapter A. DADS does not continue services pending a hearing if a suspension or termination is based on § 44.308(b)(3) of this chapter (relating to Suspension of Services). The individual's provider must attend a hearing to explain any decision or action that led to the hearing.

(b) The provider must notify the DADS regional designee of a request for a fair hearing within 24 hours after the provider receives the request. DADS notifies the provider whether to continue services pending the fair hearing officer's decision.

(c) The provider must notify the DADS regional designee of the fair hearing officer's decision and of any action the provider takes as a result of that decision within 24 hours after the provider receives the hearing decision.

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