(a) If the state Medicaid claims administrator determines
that a Medicaid applicant or a recipient does not meet the criteria
for medical necessity described in §19.2401 of this subchapter
(relating to General Qualifications for Medical Necessity Determinations),
the state Medicaid claims administrator notifies the attending physician
and the nursing facility in writing and provides them an opportunity
to present additional information about the applicant's or recipient's
medical need for nursing facility care.
(1) If the attending physician or a nursing facility
physician does not respond or contest the findings of the state Medicaid
claims administrator within 10 working days after receipt of the written
notice about the decision, the findings are final.
(2) If the attending physician or a nursing facility
physician contests the findings of the state Medicaid claims administrator,
at least one physician with the state Medicaid claims administrator
must review the case. If the state Medicaid claims administrator's
physician determines that the applicant's or recipient's admission
or stay is not medically necessary, the determination becomes final.
(3) The state Medicaid claims administrator sends written
notification of the final determination of denied medical necessity
to the attending physician, the nursing facility, and the applicant
or recipient (or responsible party).
(b) After an applicant receives written notice of a
determination of denied medical necessity, the applicant or responsible
party must request a fair hearing within 90 days after the date of
denied medical necessity, or the applicant loses the right to a fair
hearing.
(c) After a recipient receives written notice of a
determination of denied medical necessity, the recipient or responsible
party must request a fair hearing within 10 days after the date of
the written notice in order to have nursing facility services paid
for during the appeal.
(1) If the recipient requests a fair hearing within
10 days after the date of the written notice and the determination
of denied medical necessity is upheld, the effective date of the denial
is 10 days after the hearing officer's written decision.
(2) If the recipient does not request a fair hearing
within 10 days after the date of the written notice, DADS makes vendor
payments to the nursing facility at the previously established RUG
rate for 15 days or until the recipient is discharged, whichever occurs
first.
(3) If the recipient does not request a fair hearing
within 10 days after the date of the written notice, the recipient
must request a fair hearing within 90 days after the date of denied
medical necessity, or the recipient loses the right to a fair hearing.
(d) Fair hearings are conducted by the Texas Health
and Human Services Commission (HHSC) in accordance with HHSC rules
at 1 TAC Chapter 357.
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Source Note: The provisions of this §554.2407 adopted to be effective September 1, 2008, 33 TexReg 7264; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |