SECTION 354.2215. Fair Hearing


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  • (a) A fair hearing will be conducted under the department's fair hearing procedures found at §§1.51-1.55 of this title (relating to Fair Hearing Procedures).

    (b) A final decision must be made by the department within 90 days from the date the recipient makes a request for a fair hearing, unless waived in writing by the recipient.

    (c) The department will send a written notice of its decision to the recipient.

    (d) If the recipient is enrolled in a managed care organization (MCO), the department shall also notify the MCO of its decision. The decision of the department is binding on the MCO.

Source Note: The provisions of this §354.2215 adopted to be effective May 29, 1997, 22 TexReg 4369; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4562