| (a) HHSC terminates an individual's CLASS Program services
and CFC services if:
(1) the CMA or DSA has factual information confirming
the death of the individual;
(2) the CMA or DSA receives a clear written statement
signed by the individual that the individual no longer wishes to receive
CLASS Program services and CFC services;
(3) the individual's whereabouts are unknown, and the
post office returns mail directed to the individual by the CMA or
DSA, indicating no forwarding address; or
(4) the CMA or DSA establishes that the individual
has been accepted for Medicaid services by another state.
(b) Within two business days after a CMA becomes aware
that a situation described in subsection (a) of this section exists,
the CMA must send a written request to HHSC to terminate CLASS Program
services and CFC services for the individual. The written request
to HHSC must include documentation supporting the request.
(c) HHSC notifies an individual's CMA, in writing,
of whether it authorizes the termination of CLASS Program services
and CFC services for the individual.
(d) After receiving a written notice from HHSC authorizing
the termination of CLASS Program services and CFC services, a CMA
must, in accordance with the Community Living
Assistance and Support Services Provider Manual:
(1) send written notice to the individual or LAR of
the proposed termination, copying the individual's DSA and, if the
individual is receiving a service through the CDS option, the FMSA;
and
(2) include with the written notice the individual's
right to request a fair hearing in accordance with §259.101 of
this chapter (relating to Individual's Right to a Fair Hearing).
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