|(a) Except as otherwise specified in subsection (e) of this
section, if the recipient is currently receiving a service upon which an action
is taken and requests a fair hearing within the time allowed, the service
will be continued until a final decision is rendered following a fair hearing.
(b) The department may terminate or reduce services before
rendering a decision only if:
(1) the department informs the recipient in writing of its
intent to reduce or terminate services at least five days before the termination
or reduction would be effective; and
(2) it is determined at the fair hearing that the sole issue
is one of state or federal law or policy.
(c) The department may deny, terminate, suspend, or reduce
services after an adverse decision is rendered following a fair hearing.
(d) The department may recover or recoup the cost of any services
provided as a result of this section, if the fair hearing decision supports
the department's action.
(e) The department has no obligation to begin services requiring
prior authorization pending a final decision.
|Source Note: The provisions of this §354.2213 adopted to be effective May 29, 1997, 22 TexReg 4369; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4562