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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 §45.409Termination of CLASS Program Services and CFC Services Without Advance Notice Because of Behavior Causing Immediate Jeopardy

(a) DADS may terminate an individual's CLASS Program services and CFC services if an individual or a person in the individual's residence exhibits behavior that places the health and safety of the CMA's case manager or a DSA's service provider in immediate jeopardy.

(b) If a CMA or DSA becomes aware that a situation described in subsection (a) of this section exists, the CMA or DSA must:

  (1) immediately file a report with the appropriate law enforcement agency and, if appropriate, make an immediate referral to DFPS; and

  (2) notify the CMA or DSA, as appropriate, and DADS by telephone of the situation no later than the business day after the day the CMA or DSA becomes aware of the situation.

(c) The CMA must, working with the DSA, attempt to resolve the situation.

(d) If, after making attempts to resolve the situation as required by subsection (c) of this section, the CMA determines that the situation cannot be resolved, 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 DADS was notified of the situation by the CMA or DSA and be supported by written documentation.

(e) The CMA must include in the written documentation required by subsection (d) of this section:

  (1) a description of the situation that resulted in the request to terminate the individual's CLASS Program services and CFC services;

  (2) a detailed description of the attempts by the CMA to resolve the situation; and

  (3) if available, a copy of any report issued by a law enforcement agency or DFPS regarding the situation.

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

(g) Upon receipt of written notice from DADS authorizing the termination of CLASS Program services and CFC services, the CMA must, no later than the date of the termination of services, send written notice to the individual or LAR of such termination, copying the 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 §45.409 adopted to be effective March 21, 2011, 36 TexReg 1840; amended to be effective March 20, 2016, 41 TexReg 1952

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