SECTION 260.103. Termination of DBMD Program Services and CFC Services without Advance Notice for Reasons Other Than Behavior Causing Immediate Jeopardy

(a) HHSC terminates an individual's DBMD Program services and CFC services if any of the following situations exist:

(1) the program provider has factual information confirming the death of the individual;

(2) the program provider receives a clear written statement signed by the individual that:

(A) the individual no longer wishes to receive DBMD Program services and CFC services; or

(B) gives information that requires termination of services and indicates that the individual understands that this must be the result of supplying that information;

(3) the individual's whereabouts are unknown, and the post office returns program provider mail directed to the individual or LAR indicating no forwarding address; or

(4) the program provider establishes the fact that the individual has been accepted for Medicaid services by another state.

(b) Within two business days after becoming aware that a situation described in subsection (a) of this section exists, the program provider must request, in writing, that HHSC terminate DBMD Program services and CFC services for the individual. The program provider must submit supporting documentation with the request.

(c) HHSC sends a written notice with the effective date of the termination to the program provider that the program provider, upon receipt, must send to the individual or LAR, copying the FMSA, if applicable.

(d) If the individual or LAR requests a fair hearing, the program provider is not required to provide services to the individual while the appeal is pending.

Source Note: The provisions of this §260.103 adopted to be effective February 26, 2023, 48 TexReg 896