Sec. 42.008. DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES. (a) After notice and an opportunity for a hearing, the department for cause may deny the application of or modify, suspend, or terminate services to an applicant for or recipient of services.
(b) The program rules adopted by the executive commissioner must contain the criteria for the department's action under this section.
(c) Chapter 2001, Government Code, does not apply to the granting, denial, modification, suspension, or termination of services provided under this chapter. Hearings under this section must be conducted in accordance with the department's hearing rules.
(d) This section does not apply if program services are restricted to conform to budgetary limitations that require the executive commissioner to adopt service priorities regarding types of services to be furnished or classes of eligible persons.
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. 3.0148, eff. April 2, 2015.
Structure Texas Statutes
Chapter 42 - Kidney Health Care
Section 42.001. Short Title; Purpose
Section 42.003. Kidney Health Care Program
Section 42.0045. Distribution of Drugs and Devices
Section 42.0047. Estimated Glomerular Filtration Rate Reporting
Section 42.006. Selection of Service Providers
Section 42.007. Eligibility for Services
Section 42.008. Denial, Modification, Suspension, or Termination of Services
Section 42.010. Recovery of Costs
Section 42.014. Scientific Investigations
Section 42.015. Educational Programs