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RULE §355.13Notice of Intent to Take Action and Fair Hearings

(a) An Epilepsy Program applicant or recipient is entitled to a notice anytime a contracted Epilepsy Program provider intends to take action under this section.

(b) The contracted Epilepsy Program provider shall provide a written notice of intent to take action under this section to the applicant or recipient not less than 20 days prior to the effective date of the action.

(c) The notice of intent to take action shall contain the following information:

  (1) a statement of the action the contracted Epilepsy Program provider intends to take;

  (2) an explanation of the reasons for the action that the contracted Epilepsy Program provider intends to take; and

  (3) an explanation of the applicant's or recipient's right to request a fair hearing regarding the action.

(d) A recipient or applicant aggrieved by the intent to take action may appeal the decision according to the procedures in §§1.51 - 1.55 of this title (relating to Fair Hearing Procedures). If an aggrieved recipient requests a hearing, the department shall instruct the contracted provider not to terminate services to the recipient until a final decision has been rendered.

Source Note: The provisions of this §355.13 adopted to be effective March 17, 2002, 27 TexReg 1791; amended to be effective October 8, 2006, 31 TexReg 8237; amended to be effective November 4, 2010, 35 TexReg 9738; amended to be effective July 2, 2015, 40 TexReg 4215; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 981

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