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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 §45.407Termination of CLASS Program Services and CFC Services With Advance Notice Because of Non-compliance With Mandatory Participation Requirements

(a) DADS may terminate an individual's CLASS Program services and CFC services if the individual refuses to comply with a mandatory participation requirement described in §45.302 of this chapter (relating to Mandatory Participation Requirements of an Individual).

(b) If a CMA becomes aware that an individual has not complied with a mandatory participation requirement described in §45.302 of this chapter, the CMA must immediately attempt to resolve the situation, including facilitating at least one face-to-face meeting between:

  (1) the individual or LAR;

  (2) a representative from the CMA; and

  (3) a representative from the DSA.

(c) If, after making attempts to resolve the situation as required by subsection (b) 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 of the CMA's determination that the situation cannot be resolved and be supported by written documentation. The written documentation must include a description of:

  (1) the situation that resulted in the request to terminate CLASS Program services and CFC services; and

  (2) the attempts by the CMA and DSA to resolve the situation, including face-to-face meetings with the individual or LAR.

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

(e) Upon receipt of a written notice from DADS authorizing the proposed 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 proposal to terminate CLASS Program services and CFC services , 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).

(f) If the individual or LAR requests a fair hearing before the effective date of the termination of CLASS Program services and CFC services, as specified in the written notice, the DSA must provide the services to the individual in the amounts authorized in the IPC while the appeal is pending.


Source Note: The provisions of this §45.407 adopted to be effective March 21, 2011, 36 TexReg 1840; amended to be effective March 20, 2016, 41 TexReg 1952

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