SECTION 275.205. Fair Hearing

(a) An individual may request a fair hearing for any action that affects the co-payment of the individual or that denies, reduces, or terminates benefits in accordance with 1 TAC Part 15, Chapter 357, Subchapter A. DADS does not continue services pending a hearing if a suspension or termination is based on §44.308(b)(3) of this chapter (relating to Suspension of Services). The individual's provider must attend a hearing to explain any decision or action that led to the hearing.

(b) The provider must notify the DADS regional designee of a request for a fair hearing within 24 hours after the provider receives the request. DADS notifies the provider whether to continue services pending the fair hearing officer's decision.

(c) The provider must notify the DADS regional designee of the fair hearing officer's decision and of any action the provider takes as a result of that decision within 24 hours after the provider receives the hearing decision.

Source Note: The provisions of this §275.205 adopted to be effective October 1, 2013, 38 TexReg 6606; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983