Figure: 40 TAC §48.3903(a)
If | Then |
Termination or reduction is because the client lost his eligibility as an income-eligible, failed to qualify as an income-eligible after a verbal referral, failed to meet the client needs assessment score or medical criteria for the service, repeatedly (more than three times) directly or knowingly and passively condoned the behavior of someone in his home and thus, refused to follow service delivery provisions, experienced a change in his need for the specific service, or failed to pay fees for services, | The action is effective 12 days from the date of the notice unless the action is appealed. In the event of appeal, services continue until the hearing officer gives a decision. The cost of providing services during this period is subject to recovery by the department from the client. Services to clients in residential care facilities are terminated five days after the hearing officer gives his decision. |
Termination is because the client lacks AFDC, SSI, Medicaid or food stamp eligibility, | Services continue only to the end of the month that the client is determined ineligible, even if the action is appealed. |
Termination is because the client lacks physician's orders for the service, | Services continue only through the date the previous orders end, even if the action is appealed. |
Termination or reduction is because of budgetary constraints or changes in federal law or state regulations, and services are reduced or terminated for an entire categorical client group, | Services continue only through the date of termination of a categorical client group, even if appealed. |
Termination is because the client or someone in his home threatens the health or safety of others, or because the client threatens his own health or safety. | Services may be terminated immediately under the following conditions: |
A client receiving residential care, adult foster care, day activity and health services, or special services to persons with disabilities threatens his own health or safety or that of others; or | |
Someone in the client's home or a client receiving emergency response services, home-delivered meals, waiver services, family care, primary home care, or special services to persons with disabilities threatens the Texas Department of Human Services' (DHS's) staff or provider's health or safety. |