(a) For Title XIX and Title XX services, a provider agency must suspend an individual's services if:      
        (1) the individual leaves the state or moves out of the provider agency's geographic service area;       
        (2) the individual dies;       
        (3) the individual is admitted to a hospital, nursing facility, or institution;       
        (4) the individual or someone in the individual's home threatens the health or safety of a person delivering meals;       
        (5) the individual requests that services be suspended; or       
        (6) the individual's case manager directs the provider agency to suspend the individual's services.       
      (b) If a provider agency suspends Title XIX or Title XX services for a reason listed in subsection (a) of this section, the provider agency must notify the individual's case manager within one working day after the suspension of services.      
        (1) The provider agency must notify the individual's case manager orally or by fax of the reason for the service suspension.       
        (2) If the provider agency notifies the case manager orally, the provider agency must send written notification to the case manager within five working days after the date of the oral notification.       
      (c) For Title XIX services, a provider agency may recommend to DADS that an individual's services be suspended and for Title XX services, a provider agency may suspend an individual's services if:      
        (1) the individual or someone in the individual's home racially discriminates against the person delivering meals to the individual's home;       
        (2) the individual or someone in the individual's home sexually harasses the person delivering meals to the individual's home; or       
        (3) the individual or responsible party is not home to accept delivery of a meal for two consecutive service days or for three nonconsecutive service days in a calendar month.       
      (d) If a provider agency recommends a suspension of Title XIX services for a reason listed in subsection (c) of this section, the provider agency must notify an individual's case manager as described in subsection (b)(1) and (2) of this section. DADS suspends services in accordance with Chapter 48, Subchapter J of this title (relating to Community-Based Alternatives (CBA) Program).     
      (e) If a provider agency suspends Title XX services for a reason listed in subsection (c) of this section, the provider agency must notify an individual's case manager as described in subsection (b)(1) and (2) of this section.     
     Source Note:        The provisions of this §55.33 adopted to be effective March 1, 2004, 29 TexReg 1672; amended to be effective June 12, 2014, 39 TexReg 4657