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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 554NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER BBNURSING FACILITY RESPONSIBILITIES RELATED TO PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
DIVISION 2NURSING FACILITY RESPONSIBILITIES
RULE §554.2705Nursing Facility Responsibilities Related to the Fair Hearing Process

An individual or the individual's LAR or responsible party who is not in agreement with a PASRR determination that the individual does or does not require a nursing facility level of care may request a fair hearing to appeal the determination in accordance with 1 TAC Chapter 357, Subchapter A (relating to Uniform Fair Hearing Rules).

  (1) If the hearing officer finds that the individual requires a nursing facility level of care, a nursing facility may admit the individual immediately. The individual must meet other eligibility requirements for the facility to receive payment for services provided to the individual.

  (2) If the hearing officer finds that the individual does not require a nursing facility level of care, the nursing facility must not admit the individual.

Source Note: The provisions of this §554.2705 adopted to be effective July 7, 2015, 40 TexReg 4373; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871

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