| (A) The medication aide or home health medication aide
program must request a hearing within 15 days after receipt of the
notice. Receipt of notice is presumed to occur on the tenth day after
the notice is mailed to the last address known to HHSC unless another
date is reflected on a United States Postal Service return receipt.
(B) The request must be in writing and submitted to
the Health and Human Services Commission, Medication Aide Program,
Mail Code E-416, P.O. Box 149030, Austin, Texas 78714-9030.
(C) If the medication aide or home health medication
aide program does not request a hearing, in writing, 15 days after
receipt of the notice, the medication aide or home health medication
aide program is deemed to have waived the opportunity for a hearing
and the proposed action is taken.
(5) HHSC may suspend a permit to be effective immediately
when the health and safety of persons are threatened. HHSC notifies
the medication aide of the emergency action by certified mail, return
receipt requested, or personal delivery of the notice and of the effective
date of the suspension and the opportunity for the medication aide
to request a hearing.
(6) All hearings are governed by Texas Government Code,
Chapter 2001, and 1 TAC §§357.481 - 357.490.
(7) If the medication aide or program fails to appear
or be represented at the scheduled hearing, the medication aide or
program has waived the right to a hearing and the proposed action
is taken.
(8) If HHSC suspends a home health medication aide
permit, the suspension remains in effect until HHSC determines that
the reason for suspension no longer exists, revokes the permit, or
determines not to renew the permit. HHSC investigates before making
a determination.
(A) During the time of suspension, the suspended medication
aide must return the permit to HHSC.
(B) If a suspension overlaps a renewal date, the suspended
medication aide may comply with the renewal procedures in this chapter;
however, HHSC does not renew the permit until HHSC determines that
the reason for suspension no longer exists.
(9) If HHSC revokes or does not renew a permit, a person
may reapply for a permit by complying with the requirements and procedures
in this chapter at the time of reapplication.
(A) HHSC may refuse to issue a permit if the reason
for revocation or nonrenewal continues to exist.
(B) When a permit is revoked or not renewed, a medication
aide must immediately return the permit to HHSC.
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