| (a) HHSC terminates an individual's TxHmL Program services
and CFC services if:
(1) the individual does not meet the eligibility criteria
described in §262.101(a)(1) - (7) and (c) of this chapter (relating
to Eligibility Criteria for TxHmL Program Services and CFC Services);
or
(2) the individual or LAR refuses to cooperate in the
provision or planning of services and:
(A) the refusal is documented by the program provider
and the service coordinator; and
(B) the service coordinator has explained to the individual
or LAR, in writing, that the refusal may result in termination of
TxHmL Program services and CFC services.
(b) If a service coordinator becomes aware that a situation
described in subsection (a) of this section exists, the service coordinator
must, as soon as practicable, convene a service planning team meeting
to discuss the situation. If, after the meeting, the service coordinator
determines that the situation cannot be resolved, the service coordinator
must request that HHSC terminate the individual's services. To make
this request, the service coordinator must complete HHSC Request for
Termination of Services form and submit the form to HHSC.
(c) If the basis of a service coordinator's request
to terminate the individual's services is the reason described in
subsection (a)(2) of this section, the service coordinator must include
the following information with the completed HHSC Request for Termination
of Services form submitted to HHSC:
(1) a detailed description of how the individual or
LAR refused to cooperate in the provision or planning of services;
(2) a copy of the documentation of the refusal by the
service coordinator and program provider as required by subsection
(a)(2)(A) of this section; and
(3) a copy of the written explanation provided to the
individual or LAR that the refusal may result in termination of TxHmL
Program services and CFC services, as required by subsection (a)(2)(B)
of this section.
(d) If HHSC receives a completed HHSC Request for Termination
of Services form and, if required, the information described in subsection
(b) of this section from a service coordinator, HHSC reviews the form
and the information. If HHSC approves the request, HHSC sends written
notice to the individual or LAR of the proposal to terminate TxHmL
Program services and CFC services. The notice includes the individual's
right to request a fair hearing in accordance with §262.601 of
this chapter (relating to Fair Hearing).
(e) If the individual or LAR requests a fair hearing
before the effective date of the termination of TxHmL Program services
and CFC services, as specified in the written notice, the program
provider must provide services to the individual in the amounts authorized
in the IPC while the appeal is pending
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