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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 45COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER DTRANSFER, DENIAL, SUSPENSION, REDUCTION, AND TERMINATION OF SERVICES
RULE §45.408Termination of CLASS Program Services and CFC Services Without Advance Notice

(a) DADS terminates an individual's CLASS Program services and CFC services if any of the following situations exists:

  (1) the CMA or DSA has factual information confirming the death of the individual;

  (2) the CMA or DSA receives a clear written statement signed by the individual that the individual no longer wishes CLASS Program services;

  (3) the individual's whereabouts are unknown and the post office returns mail directed to him or her by the CMA or DSA, indicating no forwarding address; or

  (4) the CMA or DSA establishes that the individual has been accepted for Medicaid services by another state.

(b) If a CMA becomes aware that a situation described in subsection (a) of this section exists, the CMA must request, in writing, that DADS terminate CLASS Program services and CFC services for the individual. The request must be sent to DADS within two business days after the CMA becomes aware of the situation and be supported by written documentation.

(c) DADS notifies the individual's CMA, in writing, of whether it authorizes the termination of CLASS program services and CFC services.

(d) Upon receipt of a written notice from DADS authorizing the termination of CLASS Program services and CFC services, the CMA must, in accordance with the CLASS Provider Manual, send written notice to the individual or LAR of the termination, copying the individual's DSA and, if selected, FMSA. The CMA must include in the notice the individual's right to request a fair hearing in accordance with §45.301 of this chapter (relating to Individual's Right to a Fair Hearing).


Source Note: The provisions of this §45.408 adopted to be effective March 21, 2011, 36 TexReg 1840; amended to be effective March 20, 2016, 41 TexReg 1952

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