Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 355	EPILEPSY PROGRAM
RULE §355.13	Notice of Intent to Take Action and Fair Hearings

(a) An Epilepsy Program applicant or recipient is entitled to a notice anytime a contracted Epilepsy Program provider intends to take action under this section.

(b) The contracted Epilepsy Program provider shall provide a written notice of intent to take action under this section to the applicant or recipient not less than 20 days prior to the effective date of the action.

(1) a statement of the action the contracted Epilepsy Program provider intends to take;

(2) an explanation of the reasons for the action that the contracted Epilepsy Program provider intends to take; and

(3) an explanation of the applicant's or recipient's right to request a fair hearing regarding the action.

(d) A recipient or applicant aggrieved by the intent to take action may appeal the decision according to the procedures in §§1.51 - 1.55 of this title (relating to Fair Hearing Procedures). If an aggrieved recipient requests a hearing, the department shall instruct the contracted provider not to terminate services to the recipient until a final decision has been rendered.

Source Note: The provisions of this §355.13 adopted to be effective March 17, 2002, 27 TexReg 1791; amended to be effective October 8, 2006, 31 TexReg 8237; amended to be effective November 4, 2010, 35 TexReg 9738; amended to be effective July 2, 2015, 40 TexReg 4215; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 981