Section 355.13 - Notice 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 title 25 (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.26 Tex. Admin. Code § 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 by Texas Register, Volume 40, Number 26, June 26, 2015, TexReg 4215, eff. 7/2/2015; Entire chapter transferred from T. 25, Pt. 1, Ch. 37, Subch. K by Texas Register, Volume 47, Number 08, February 25, 2022, TexReg 0982, eff. 3/15/2022