SECTION 260.63. Program Provider Cannot Ensure Individual's Health and Welfare

(a) HHSC requests an individual or LAR to choose a different program provider if the program provider chosen by the individual or LAR informs HHSC, in writing, that it cannot ensure the individual's health and welfare and is not willing to provide DBMD Program services or CFC services to the individual.

(1) The program provider must include in the written notification to HHSC:

(A) a description of the specific reasons the program provider cannot ensure the individual's health and welfare; and

(B) a statement that the program provider is not willing to provide DBMD Program services or CFC services to the individual.

(2) HHSC notifies the individual or LAR, in writing, that the program provider is not willing to provide DBMD Program services or CFC services to the individual because the program provider cannot ensure the individual's health and welfare. HHSC includes with the notice a list of program providers.

(b) If an individual is unable to find a program provider willing to serve the individual, HHSC:

(1) denies enrollment in the DBMD Program as described in §260.83(a)(2) of this subchapter (relating to Denial of Request for Enrollment in the DBMD Program or of a DBMD Program Service or a CFC Service); and

(2) if requested by the individual or LAR, adds the individual's name to the DBMD interest list as described in §260.53(c) of this subchapter (relating to DBMD Interest List).

Source Note: The provisions of this §260.63 adopted to be effective February 26, 2023, 48 TexReg 896