(a) HHSC denies an individual's request for enrollment into the CLASS Program if:
  (1) the individual does not meet the eligibility criteria described in §259.51 of this chapter (relating to Eligibility Criteria for CLASS Program Services and CFC Services); or
  (2) the DSAs serving the catchment area in which the individual resides are not willing to provide CLASS Program services or CFC services to the individual because they have determined that they cannot ensure the individual's health and safety.
(b) If HHSC denies an individual's request for enrollment, HHSC sends written notice to the individual or LAR of the denial of the individual's request for enrollment into the CLASS Program and includes in the notice the individual's right to request a fair hearing in accordance with §259.101 of this chapter (relating to Individual's Right to a Fair Hearing). HHSC sends a copy of the written notice to the individual's DSA, CMA, and if selected, FMSA.

Source Note: The provisions of this §259.153 adopted to be effective January 30, 2023, 48 TexReg 362