SECTION 260.101. Termination of DBMD Program Services and CFC Services with Advance Notice Due to Non-compliance with Mandatory Participation Requirements

(a) HHSC may terminate an individual's DBMD Program services and CFC services if the individual refuses to comply with a mandatory participation requirement described in §260.113 of this subchapter(relating to Mandatory Participation Requirements of an Individual).

(b) If a program provider becomes aware that an individual has not complied with a mandatory participation requirement, the program provider must immediately attempt to resolve the situation including facilitating at least one in-person meeting with the individual or LAR.

(c) If attempts to resolve the situation fail, the program provider must request, in writing, that HHSC terminate DBMD Program services and CFC services for the individual. Within two business days after concluding that the situation cannot be resolved, the program provider must send the written request with written supporting documentation to HHSC. The program provider must include in the written documentation a description of:

(1) the situation that resulted in the request to terminate DBMD Program services and CFC services; and

(2) the attempts by the program provider to resolve the situation, including in-person meetings with the individual or LAR.

(d) HHSC sends a written notice with the effective date of the termination to the program provider that the program provider, upon receipt but no later than 12 calendar days before the effective date of termination, must send to the individual or LAR, copying the FMSA if applicable.

(e) If the individual or LAR requests a fair hearing before the effective date of the termination specified in the written notice, the program provider must continue to provide services to the individual while the appeal is pending.

Source Note: The provisions of this §260.101 adopted to be effective February 26, 2023, 48 TexReg 896