(a) For Title XIX and Title XX services, a provider
agency must suspend an individual's services if:
(1) the individual leaves the state or moves out of
the provider agency's geographic service area;
(2) the individual dies;
(3) the individual is admitted to a hospital, nursing
facility, or institution;
(4) the individual or someone in the individual's home
threatens the health or safety of a person delivering meals;
(5) the individual requests that services be suspended;
or
(6) the individual's case manager directs the provider
agency to suspend the individual's services.
(b) If a provider agency suspends Title XIX or Title
XX services for a reason listed in subsection (a) of this section,
the provider agency must notify the individual's case manager within
one working day after the suspension of services.
(1) The provider agency must notify the individual's
case manager orally or by fax of the reason for the service suspension.
(2) If the provider agency notifies the case manager
orally, the provider agency must send written notification to the
case manager within five working days after the date of the oral notification.
(c) For Title XIX services, a provider agency may recommend
to DADS that an individual's services be suspended and for Title XX
services, a provider agency may suspend an individual's services if:
(1) the individual or someone in the individual's home
racially discriminates against the person delivering meals to the
individual's home;
(2) the individual or someone in the individual's home
sexually harasses the person delivering meals to the individual's
home; or
(3) the individual or responsible party is not home
to accept delivery of a meal for two consecutive service days or for
three nonconsecutive service days in a calendar month.
(d) If a provider agency recommends a suspension of
Title XIX services for a reason listed in subsection (c) of this section,
the provider agency must notify an individual's case manager as described
in subsection (b)(1) and (2) of this section. DADS suspends services
in accordance with Chapter 48, Subchapter J of this title (relating
to Community-Based Alternatives (CBA) Program).
(e) If a provider agency suspends Title XX services
for a reason listed in subsection (c) of this section, the provider
agency must notify an individual's case manager as described in subsection
(b)(1) and (2) of this section.
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