SECTION 361.117. Notice of Eligibility Determination and Right to Appeal  


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  • (a) After making an eligibility determination on an initial application, HHSC sends the applicant:

    (1) a written notice of eligibility, including notice of any monthly premium requirements and the medical effective date described in §361.119 of this chapter (relating to Medical Effective Date); or

    (2) a written notice of ineligibility and the reason for the decision.

    (b) After making an eligibility determination or redetermination, HHSC sends the recipient a written notice of any change in eligibility or monthly premium requirement.

    (c) The written notice informs the applicant or recipient of the right to request a hearing to appeal HHSC's decision. The hearing is held in accordance with 42 CFR Part 431, Subpart E and HHSC's fair hearing rules in Chapter 357 of this title (relating to Hearings).

Source Note: The provisions of this §361.117 adopted to be effective January 1, 2011, 35 TexReg 11572