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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 368INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (IDD) HABILITATIVE SPECIALIZED SERVICES
SUBCHAPTER FSERVICE SUSPENSION, TERMINATION, OR DENIAL
RULE §368.602Fair Hearings

(a) A designated resident is entitled to a fair hearing in accordance with 1 TAC Chapter 357, Subchapter A (relating to Uniform Fair Hearing Rules) if HHSC:

  (1) denies or does not act upon a designated resident's request for IHSS with reasonable promptness; or

  (2) suspends or terminates a designated resident's IHSS and the designated resident or LAR does not agree with the suspension or termination.

(b) A designated resident receives notice of the right to request a fair hearing in accordance with 1 TAC Chapter 357, Subchapter A to appeal the adverse action.

(c) If the hearing officer reverses a denial of IHSS, the service provider agency must ensure the provision of the IHSS.


Source Note: The provisions of this §368.602 adopted to be effective September 1, 2021, 46 TexReg 4151

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