(a) Right of Medicaid-eligible individual to request
a fair hearing. Any Medicaid eligible individual whose request for
eligibility for MH case management services is denied or is not acted
upon with reasonable promptness, or whose MH case management services
have been terminated, suspended, or reduced by the department, is
entitled to a fair hearing in accordance with 1 TAC Chapter 357, Subchapter
A (relating to Uniform Fair Hearing Rules).
(b) Right of non-Medicaid eligible individual to request
an appeal. Any individual who has not applied for or is not eligible
for Medicaid whose request for eligibility for MH case management
services is denied or is not acted upon with reasonable promptness,
or whose MH case management services have been terminated, suspended,
or reduced by a local mental health authority or its contractor, is
entitled to notification and right of appeal in accordance with the
department's rules concerning such matters for non-Medicaid-eligible
individuals.
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Source Note: The provisions of this §306.279 adopted to be effective February 14, 2013, 38 TexReg 647; transferred effective February 15, 2020, as published in the Texas Register January 17, 2020, 45 TexReg 469 |