Texas Statutes
Chapter 35 - Children With Special Health Care Needs
Section 35.006. Denial, Modification, Suspension, or Termination of Services

Sec. 35.006. DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES. (a) The executive commissioner shall adopt substantive and procedural rules for the denial of applications and the modification, suspension, or termination of services.
(b) The department may deny services to an applicant and modify, suspend, or terminate services to a recipient after:
(1) notice to the child or the person who is legally obligated to support the child;
(2) a preliminary program review; and
(3) an opportunity for a fair hearing.
(c) The executive commissioner by rule shall provide criteria for action by the department under this section.
(d) The department shall conduct hearings under this section in accordance with the department's due process hearing rules. Chapter 2001, Government Code, does not apply to the granting, denial, modification, suspension, or termination of services.
(e) This section does not apply if the department restricts services to conform to budgetary limitations that require the executive commissioner to adopt service priorities regarding types of services to be provided.
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. 3.0116, eff. April 2, 2015.

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