Aging and Disability Services Council Sharon Swift Butterworth ...

determination and sends written notice to the individual or LAR that the individual's CLASS
Program services are proposed for termination and includes in the notice the individual's right to
request a fair hearing in accordance with §45.301 of this chapter (relating to Individual's Right to
a Fair Hearing).
[begin addition] (d) DADS denies or proposes reduction of a CLASS Program service and
modifies an IPC in accordance with this subsection.
(1) DADS denies or proposes reduction of a CLASS Program service if DADS determines
that the IPC meets the eligibility criterion described in §45.201(a)(5) of this subchapter but:
(A) one or more of the CLASS Program services specified in the IPC:
(i) does not meet the requirements described in §45.214(b) of this subchapter;
(ii) does not meet the requirements described in Subchapter F of this chapter (relating to
Adaptive Aids and Minor Home Modifications); or
(iii) if the service is transition assistance services, exceeds the service limit described in
§45.218(c) of this division; or
(B) DADS denies a request for an exception to the service limit of a service described in
§45.218(b) of this division.
(2) If DADS denies or proposes reduction of a CLASS Program service as described in
paragraph (1) of this subsection, DADS:
(A) modifies and authorizes the IPC; and
(B) notifies the individual's CMA, in writing, of the action taken. [end addition]
[begin deletion] (d) If DADS determines that one or more of the CLASS Program services
specified in the IPC do not meet the requirements described in §45.214(b) of this subchapter or
the requirements described in Subchapter F of this chapter (relating to Adaptive Aids and Minor
Home Modifications), DADS:]
[(1) denies or proposes reduction of the service(s), as appropriate;]
[(2) modifies and authorizes the IPC; and]
[(3) notifies the individual's CMA, in writing, of the action taken. [end deletion]
(e) If DADS notifies the CMA of the denial or proposed reduction of the individual's CLASS
Program services and of the IPC modified in accordance with subsection (d) of this section:
(1) for a denial of a CLASS Program service, the CMA must:
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