Sec. 31.009. DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES. (a) The department for cause may deny an application for services after notice to the applicant and an opportunity for a fair hearing.
(b) The department may modify, suspend, or terminate services to an individual eligible for or receiving services after notice to the individual and an opportunity for a fair hearing.
(c) The executive commissioner by rule shall provide criteria for action by the department under this section.
(d) Chapter 2001, Government Code, does not apply to the granting, denial, modification, suspension, or termination of services. The department shall conduct hearings in accordance with the department's due process hearing rules.
(e) The department shall render the final administrative decision in a due process hearing to deny, modify, suspend, or terminate the receipt of services.
(f) The notice and hearing required by this section do not apply if the department restricts program services to conform to budgetary limitations that require the executive commissioner to establish service priorities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(65), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0074, eff. April 2, 2015.
Structure Texas Statutes
Chapter 31 - Primary Health Care
Section 31.003. Primary Health Care Services Program
Section 31.004. Administration
Section 31.005. Provision of Program Services by Department
Section 31.006. Service Providers
Section 31.007. Application for Services
Section 31.008. Eligibility for Services
Section 31.009. Denial, Modification, Suspension, or Termination of Services
Section 31.010. Financial Eligibility; Other Benefits
Section 31.011. Recovery of Costs
Section 31.015. Records and Review
Section 31.017. Federally Qualified Health Centers
Section 31.018. Referral From Healthy Texas Women Program to Primary Health Care Services Program