| (a) If the Texas Health and Human Services Commission
(HHSC) intends to file a written notice of lien pursuant to Texas
Health and Safety Code §533.004, 31 calendar days prior to filing
the written notice of the lien with the county clerk, HHSC shall notify
by certified mail the individual or legally authorized representative
(LAR) of HHSC's intent to file a lien. HHSC also will send the notice
by an alternative means when a patient or person legally responsible
for the payment of services makes such a request and provides the
necessary contact information. The notice to the individual or LAR
shall include:
(1) a statement of the unpaid charges;
(2) a copy of the statutory procedures related to filing
a lien as provided by Texas Health and Safety Code §533.004;
(3) a copy of §910.8 of this chapter (relating
to Appeal Process);
(4) a Request Appeal form and a statement that to stay
the filing of the lien, the completed Request for Appeal form must
be received by the Appeals Division within 31 calendar days after
the date the notification of HHSC's intent to file a lien was mailed;
and
(5) the name and phone number of the HHSC staff sending
the notification.
(b) If the person does not request an appeal within
31 calendar days after the date the notification of HHSC's intent
to file a lien was mailed, HHSC may proceed to file the written notice
of lien.
(c) If the person requests an appeal and the ALJ's
decision:
(1) sustains the appealed fees, HHSC may proceed to
file the written notice of lien any time after 31 calendar days of
the date the notification of HHSC's intent to file a lien was mailed;
(2) reduces the appealed fees to less than the assessed
amount but more than zero, the person must pay the reduced amount
or HHSC may proceed to file the written notice of lien any time after
31 calendar days of the date the notification of HHSC's intent to
file a lien was mailed;
(3) reduces the appealed fees to zero, HHSC must withdraw
its notice of intent to file a lien in writing; or
(4) increases the appealed fees, the person must pay
the increased amount or HHSC may proceed to file the written notice
of lien any time after 31 calendar days of the date the notification
of HHSC's intent to file a lien was mailed.
(d) HHSC shall not file a lien until the conclusion
of the ALJ decision.
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