SECTION 260.105. Termination of DBMD Program Services and CFC Services without Advance Notice Due to Behavior Causing Immediate Jeopardy

(a) HHSC may terminate an individual's:

(1) DBMD Program services and CFC services if an individual or a person in the individual's residence exhibits behavior that places the health and safety of the program provider's service provider in immediate jeopardy; or

(2) DBMD Program services if an individual receiving licensed assisted living or licensed home health assisted living exhibits behavior that places the health and safety of another individual residing in the same residence or a service provider in immediate jeopardy.

(b) If a program provider becomes aware that a situation described in subsection (a)of this section exists, the program provider must:

(1) immediately file a report with the appropriate law enforcement agency and, if appropriate, make an immediate referral to DFPS;

(2) within one business day after the program provider becomes aware of the situation, notify HHSC by fax, mail, or IDD Operations Portal of the situation; and

(3) if feasible, attempt to resolve the situation.

(c) If after making attempts to resolve the situation, as required by subsection (b)(3) of this section, a program provider determines that the situation cannot be resolved, the program provider must:

(1) request, in writing, that HHSC terminates an individual's:

(A) DBMD Program services and CFC services in accordance with subsection (a)(1) of this section; or

(B) DBMD Program services in accordance with (a)(2) of this section;

(2) submit the written request to HHSC within two business days after the program provider notifies HHSC in accordance with subsection (b)(2) of this section; and

(3) include with the written request:

(A) a description of the situation that resulted in the request to terminate the individual's services;

(B) a description of the program provider's attempts to resolve the situation or an explanation of why the attempt was not feasible; and

(C) if available, a copy of any report issued by a law enforcement agency or DFPS regarding the situation.

(d) HHSC notifies the individual's program provider, in writing, of whether it authorizes the termination of DBMD Program services and CFC services.

(e) Upon receipt of written notice from HHSC authorizing the termination of DBMD Program services and CFC services, the program provider must, no later than the date of the termination of services, send written notice to the individual or LAR of such termination, copying the FMSA, if applicable. The program provider must include in the notice the individual's right to request a fair hearing in accordance with §260.111 of this subchapter (relating to Individual's Right to a Fair Hearing).

Source Note: The provisions of this §260.105 adopted to be effective February 26, 2023, 48 TexReg 896