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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 48COMMUNITY CARE FOR AGED AND DISABLED
SUBCHAPTER JCOMMUNITY BASED ALTERNATIVES (CBA) PROGRAM
RULE §48.6102Circumstances Which May Result in Termination of Services and Require Advance Notice

(a) If one or both circumstances specified in paragraphs (1) and (2) of this subsection occur, the DADS case manager may terminate CBA services. The CBA provider must provide written documentation to DADS to support the reason for the termination of services.

  (1) The individual or someone in the individual's home has a substantial and demonstrated pattern of verbal abuse and harassment of service providers, not related to the individual's disability that results in the CBA provider being unable to provide service(s) to the individual.

  (2) The individual or someone in the individual's home has a substantial and demonstrated pattern of discrimination against the service providers on the basis of race, color, national origin, age, sex, or disability that has not improved with appropriate intervention and which results in the CBA provider being unable to provide service(s) to the individual.

(b) The DADS case manager must provide written notice to the individual with a copy to the CBA provider no later than 12 DADS workdays before the effective date of termination identified in the written notice. The notification must specify:

  (1) the reason for the termination of services;

  (2) the effective date of termination;

  (3) the regulatory reference; and

  (4) information regarding the individual's right to request a fair hearing in accordance with §48.6010 of this subchapter (relating to Individual's Right to Appeal).

(c) If the individual submits a request for a fair hearing before the effective date of the termination specified in the written notice, the CBA provider must continue to provide CBA services at the current authorized level while the appeal is pending.


Source Note: The provisions of this §48.6102 adopted to be effective May 23, 1999, 24 TexReg 3864; amended to be effective December 1, 2011, 36 TexReg 8061

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