Aging and Disability Services Council Sharon Swift Butterworth ...

(A) send the individual or LAR written notice of the denial of the CLASS Program service in
accordance with §45.403(c) of this chapter (relating to Denial of a CLASS Program Service);
and
(B) coordinate the implementation of the modified IPC; or
(2) for a proposed reduction of a CLASS Program service:
(A) the CMA must send the individual or LAR written notice of the proposal to reduce the
CLASS Program service in accordance with §45.405(c) of this chapter (relating to Reduction of
a CLASS Program Service); and
(B) the modified IPC is handled as follows:
(i) in accordance with §45.405(d) of this chapter, if the individual or LAR requests a
fair hearing before the effective date of the reduction of a CLASS Program service, as specified
in the written notice, the modified IPC may not be implemented; or
(ii) if the individual or LAR does not request a fair hearing before the effective date
of the reduction of a CLASS Program service, as specified in the written notice, the CMA must
coordinate the implementation of the modified IPC.
(f) The IPC period of an enrollment IPC or a renewal IPC modified by DADS in accordance
with subsection (d) of this section does not change as a result of DADS modification.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to
be within the agency's legal authority to adopt.
Issued in Austin, Texas, on .
TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 45 COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES
SUBCHAPTER D TRANSFER, DENIAL, SUSPENSION, REDUCTION, AND
TERMINATION OF SERVICE
RULE §45.403, §45.405
Proposed action:
X Amendment
STATUTORY AUTHORITY
The amendments are proposed under Texas Government Code, §531.0055, which provides that
the HHSC executive commissioner shall adopt rules for the operation and provision of services
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