Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 26. HEALTH AND HUMAN SERVICES |
PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
CHAPTER 368. INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (IDD) HABILITATIVE SPECIALIZED SERVICES |
SUBCHAPTER F. SERVICE SUSPENSION, TERMINATION, OR DENIAL |
SECTION 368.602. Fair Hearings
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(a) A designated resident is entitled to a fair hearing in accordance with 1 TAC Chapter 357, Subchapter A (relating to Uniform Fair Hearing Rules) if HHSC: (1) denies or does not act upon a designated resident's request for IHSS with reasonable promptness; or (2) suspends or terminates a designated resident's IHSS and the designated resident or LAR does not agree with the suspension or termination. (b) A designated resident receives notice of the right to request a fair hearing in accordance with 1 TAC Chapter 357, Subchapter A to appeal the adverse action. (c) If the hearing officer reverses a denial of IHSS, the service provider agency must ensure the provision of the IHSS. Source Note: The provisions of this §368.602 adopted to be effective September 1, 2021, 46 TexReg 4151