(a) In accordance with 42 CFR §435.916, the Texas Health and Human Services Commission (HHSC) redetermines a person's eligibility for a Medicaid-funded program for the elderly and people with disabilities (MEPD):
  (1) at least every 12 months;
  (2) after HHSC receives information about a change in the person's circumstances, such as living arrangement, income, or resources, that may affect MEPD eligibility; and
  (3) at the appropriate time based on an anticipated change in the person's circumstances.
(b) If the result of an eligibility redetermination causes an adverse action, HHSC:
  (1) gives timely and adequate notice of the proposed action to terminate, discontinue, or suspend MEPD eligibility;
  (2) gives timely and adequate notice to reduce or discontinue MEPD services; and
  (3) informs the person of the right to request a hearing to appeal the adverse action in accordance with 42 CFR Part 431, Subpart E and HHSC's fair hearing rules in Chapter 357 of this title (relating to Hearings).

Source Note: The provisions of this §358.545 adopted to be effective September 1, 2009, 34 TexReg 5497