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Home > Title 26 > Part 1 > Chapter 368 >Subchapter F > Rule 368.602
TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 368 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (IDD) HABILITATIVE SPECIALIZED SERVICES
SUBCHAPTER F - SERVICE SUSPENSION, TERMINATION, OR DENIAL
SECTION/RULE §368.602 - Fair Hearings

(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.

Source Note: The provisions of this §368.602 adopted to be effective September 1, 2021, 46 TexReg 4151.

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