Sec. 43.009. DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES. (a) The department may, for cause, deny an application for treatment services or modify, suspend, or terminate a recipient's treatment services after notice to the applicant or recipient and the opportunity for a due process hearing.
(b) The executive commissioner by rule shall provide criteria for action by the department under this section.
(c) Chapter 2001, Government Code, does not apply to the granting, denial, modification, suspension, or termination of treatment services. The department shall conduct hearings in accordance with the department's due process hearing rules.
(d) The department shall render the final administrative decision in a due process hearing to deny, modify, suspend, or terminate the receipt of oral health services.
(e) This section does not apply if oral health services are restricted to conform to budgetary limitations as prescribed by Section 43.004(b).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(66), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0165, eff. April 2, 2015.
Section: Previous 43.001 43.002 43.003 43.004 43.005 43.006 43.007 43.008 43.009 43.010 43.011 43.012 43.013 NextLast modified: September 28, 2016