(a) A designated resident is entitled to a fair hearing in accordance with 1 TAC Chapter 357, Subchapter A (relating to Uniform Fair Hearing Rules) if HHSC:
  (1) denies or does not act upon a designated resident's request for IHSS with reasonable promptness; or
  (2) suspends or terminates a designated resident's IHSS and the designated resident or LAR does not agree with the suspension or termination.
(b) A designated resident receives notice of the right to request a fair hearing in accordance with 1 TAC Chapter 357, Subchapter A to appeal the adverse action.
(c) If the hearing officer reverses a denial of IHSS, the service provider agency must ensure the provision of the IHSS.

Source Note: The provisions of this §368.602 adopted to be effective September 1, 2021, 46 TexReg 4151