| (a) HHSC denies an individual's request for enrollment
into the CLASS Program if:
(1) the individual does not meet the eligibility criteria
described in §259.51 of this chapter (relating to Eligibility
Criteria for CLASS Program Services and CFC Services); or
(2) the DSAs serving the catchment area in which the
individual resides are not willing to provide CLASS Program services
or CFC services to the individual because they have determined that
they cannot ensure the individual's health and safety.
(b) If HHSC denies an individual's request for enrollment,
HHSC sends written notice to the individual or LAR of the denial of
the individual's request for enrollment into the CLASS Program and
includes in the notice the individual's right to request a fair hearing
in accordance with §259.101 of this chapter (relating to Individual's
Right to a Fair Hearing). HHSC sends a copy of the written notice
to the individual's DSA, CMA, and if selected, FMSA.
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