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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 263HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER HTRANSFER, DENIALS, SUSPENSION, REDUCTION, AND TERMINATION
RULE §263.704Denial of HCS Program Services or CFC Services

(a) HHSC denies an HCS Program service or CFC service on an individual's IPC, based on a review described in §263.303 of this chapter (relating to HHSC Review of an IPC) or §263.302 of this chapter (relating to Renewal and Revision of an IPC), if HHSC determines that the HCS Program service or CFC service does not meet the requirements described in §263.301(c) of this chapter (relating to IPC Requirements).

(b) HHSC denies residential support, supervised living, or host home/companion care on an individual's IPC if:

  (1) the individual was evicted from:

    (A) a three-person residence;

    (B) a four-person residence; or

    (C) a residence in which host home/companion care is provided; and

  (2) the individual has not paid the delinquent room or board.

(c) If HHSC denies an HCS Program service or CFC service on the individual's IPC, HHSC:

  (1) modifies the IPC in the HHSC data system; and

  (2) sends written notice to the individual or LAR of the denial of the service and includes in the notice the individual's right to request a fair hearing in accordance with §263.801 of this chapter (Fair Hearing).

(d) HHSC sends a copy of the written notice to the individual's service coordinator and the program provider.


Source Note: The provisions of this §263.704 adopted to be effective March 1, 2023, 48 TexReg 1080

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