SECTION 263.706. Reduction of HCS Program Services or CFC Services

(a) HHSC proposes a reduction of an HCS Program service or CFC service on an individual's IPC, based on a review described in §263.303 of this chapter (relating to HHSC Review of an IPC) or §263.302 of this chapter (relating to Renewal and Revision of an IPC), if HHSC determines that the HCS Program service or CFC service does not meet the requirements described in §263.301(c) of this chapter (relating to IPC Requirements).

(b) If HHSC proposes a reduction of an HCS Program service or CFC service on the individual's IPC, HHSC sends written notice to the individual or LAR of the proposed reduction of the service and includes in the notice the individual's right to request a fair hearing in accordance with §263.801 of this chapter (Fair Hearing).

(c) HHSC sends a copy of the written notice to the individual's service coordinator and the program provider.

(d) If the individual or LAR requests a fair hearing before the effective date of the reduction of an HCS Program service or CFC service, as specified in the written notice, the service is not reduced and the program provider must provide the service to the individual in the amount authorized in the current IPC while the appeal is pending.

(e) If the individual or LAR does not request a fair hearing before the effective date of the reduction of an HCS Program service or CFC service, HHSC modifies the IPC in the HHSC data system.

Source Note: The provisions of this §263.706 adopted to be effective March 1, 2023, 48 TexReg 1080