SECTION 910.9. Filing Notice of Lien

(a) If the Texas Health and Human Services Commission (HHSC) intends to file a written notice of lien pursuant to Texas Health and Safety Code §533.004, 31 calendar days prior to filing the written notice of the lien with the county clerk, HHSC shall notify by certified mail the individual or legally authorized representative (LAR) of HHSC's intent to file a lien. HHSC also will send the notice by an alternative means when a patient or person legally responsible for the payment of services makes such a request and provides the necessary contact information. The notice to the individual or LAR shall include:

(1) a statement of the unpaid charges;

(2) a copy of the statutory procedures related to filing a lien as provided by Texas Health and Safety Code §533.004;

(3) a copy of §910.8 of this chapter (relating to Appeal Process);

(4) a Request Appeal form and a statement that to stay the filing of the lien, the completed Request for Appeal form must be received by the Appeals Division within 31 calendar days after the date the notification of HHSC's intent to file a lien was mailed; and

(5) the name and phone number of the HHSC staff sending the notification.

(b) If the person does not request an appeal within 31 calendar days after the date the notification of HHSC's intent to file a lien was mailed, HHSC may proceed to file the written notice of lien.

(c) If the person requests an appeal and the ALJ's decision:

(1) sustains the appealed fees, HHSC may proceed to file the written notice of lien any time after 31 calendar days of the date the notification of HHSC's intent to file a lien was mailed;

(2) reduces the appealed fees to less than the assessed amount but more than zero, the person must pay the reduced amount or HHSC may proceed to file the written notice of lien any time after 31 calendar days of the date the notification of HHSC's intent to file a lien was mailed;

(3) reduces the appealed fees to zero, HHSC must withdraw its notice of intent to file a lien in writing; or

(4) increases the appealed fees, the person must pay the increased amount or HHSC may proceed to file the written notice of lien any time after 31 calendar days of the date the notification of HHSC's intent to file a lien was mailed.

(d) HHSC shall not file a lien until the conclusion of the ALJ decision.

Source Note: The provisions of this §910.9 adopted to be effective March 24, 2022, 47 TexReg 1457