| the effective date of the dedesignation as an area agency on aging.
Such notification shall explain the right of the contractor to appeal
such decisions as outlined in 254.15 of this title (relating to Appeal
Procedures for Area Agencies on Aging Contractors).
(2) Procedures following withdrawal of designation.
If the Department withdraws an area agency's designation, the Department
shall take the following action:
(A) Notify Appropriate Entities. The Department shall
notify by certified mail, return receipt requested, the Assistant
Secretary on Aging, Department of Health and Human Services, and those
individuals and agencies specified in paragraph (1) of this subsection;
(B) Continue Services. The Department shall provide
a plan for the continuity of services in the affected planning and
service area and will:
(i) discontinue reimbursement to the contractors concerned;
(ii) notify service providers to submit requests for
reimbursement directly to the Texas Department on Aging or to the
designated contractor;
(C) place a notice in local and regional newspapers
advising that claims against the contractor related to Older Americans
Act programs shall be referred to the Texas Department on Aging; and
(D) designate an interim or new area agency in the
planning and service area within 180 calendar days, or extension
of time approved by the Administration on Aging.
(3) Administration by the Department. If necessary
to ensure continuity of services in a PSA, the Department may, for
a period of up to 180 calendar days after withdrawing designation
of an area agency:
(A) perform the area agency responsibilities;
(B) assign the responsibilities of the area agency
to another agency in the planning and service area;
(C) assign the responsibility to an area agency on
aging in a contiguous planning and service area; or
(D) if necessary, may request an extension of the
180 day limit from the Assistant Secretary. The Assistant Secretary
may extend the period an additional 180 calendar days if the need
for the extension is demonstrated.
(u) Appeals. Appeals will be provided as specified
in §254.15 of this title (relating to Appeal Procedures for Area
Agency on Aging Contractors).
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| Source Note: The provisions of this §213.5 adopted to be effective March 10, 1999, 24 TexReg 1638; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; transferred effective June 15, 2021, as published in the May 28, 2021 issue of the Texas Register, 46 TexReg 3421 |
