| (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.
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