| (a) HHSC may terminate an individual's CLASS Program
services and CFC services if the individual or a person in the individual's
residence exhibits behavior that places the health and safety of the
CMA's case manager or the DSA's service provider in immediate jeopardy.
(b) If a CMA or DSA becomes aware that a situation
described in subsection (a) of this section exists, the CMA or DSA
must:
(1) immediately file a report with the appropriate
law enforcement agency and, if appropriate, make an immediate referral
to DFPS; and
(2) notify the CMA or DSA, as appropriate, and HHSC
by telephone of the situation no later than the business day after
the day the CMA or DSA becomes aware of the situation.
(c) A CMA must, working with an individual's DSA, attempt
to resolve the situation.
(d) If, after making attempts to resolve the situation
as required by subsection (c) of this section, a CMA determines that
the situation cannot be resolved, the CMA must request, in writing,
that HHSC terminate CLASS Program services and CFC services for the
individual. The request must be sent to HHSC no later than two business
days after HHSC was notified of the situation by the CMA or DSA and
be supported by written documentation.
(e) A CMA must include in the written documentation
required by subsection (d) of this section:
(1) a description of the situation that resulted in
the request to terminate the individual's CLASS Program services and
CFC services;
(2) a detailed description of the attempts by the CMA
to resolve the situation; and
(3) if available, a copy of any report issued by a
law enforcement agency or DFPS regarding the situation.
(f) HHSC notifies the individual's CMA and DSA, in
writing, of whether it authorizes the termination of CLASS Program
services and CFC services.
(g) Upon receipt of a written notice from HHSC authorizing
the termination of CLASS Program services and CFC services, a CMA
must:
(1) no later than the date of the termination of services,
send written notice to the individual or LAR of the termination of
services, copying the DSA and, if the individual receives a service
through the CDS option, the FMSA; and
(2) include in 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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