Texas § 532.0302 UNIFORM FAIR HEARING RULES.

Texas Statutes

§ 532.0302 — UNIFORM FAIR HEARING RULES.

Texas § 532.0302

Code GVGovernment Code

This text of Texas § 532.0302 (UNIFORM FAIR HEARING RULES.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Government Code Code Ann. § 532.0302 (2026).

Text

Sec. 532.0302. UNIFORM FAIR HEARING RULES.

(a)The executive commissioner shall adopt uniform fair hearing rules for Medicaid-funded services. The rules must provide:

(1)due process to a Medicaid applicant and to a recipient who seeks a Medicaid service, including a service that requires prior authorization; and

(2)the protections for applicants and recipients required by 42 C.F.R. Part 431, Subpart E, including requiring that:

(A)the written notice to an individual of the individual's right to a hearing must:

(i)contain an explanation of the circumstances under which Medicaid is continued if a hearing is requested; and

(ii)be delivered by mail, and postmarked at least 10 business days, before the date the individual's Medicaid eligibility or service is scheduled to be terminated, sus

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 532.0302. UNIFORM FAIR HEARING RULES. (a) The executive commissioner shall adopt uniform fair hearing rules for Medicaid-funded services. The rules must provide:
(1) due process to a Medicaid applicant and to a recipient who seeks a Medicaid service, including a service that requires prior authorization; and
(2) the protections for applicants and recipients required by 42 C.F.R. Part 431, Subpart E, including requiring that:
(A) the written notice to an individual of the individual's right to a hearing must:
(i) contain an explanation of the circumstances under which Medicaid is continued if a hearing is requested; and
(ii) be delivered by mail, and postmarked at least 10 business days, before the date the individual's Medicaid eligibility or service is scheduled to be terminated, suspended, or reduced, except as provided by 42 C.F.R. Section 431.213 or 431.214; and
(B) if a hearing is requested before the date a recipient's service, including a service that requires prior authorization, is scheduled to be terminated, suspended, or reduced, the agency may not take that proposed action before a decision is rendered after the hearing unless:
(i) it is determined at the hearing that the sole issue is one of federal or state law or policy; and
(ii) the agency promptly informs the recipient in writing that services are to be terminated, suspended, or reduced pending the hearing decision.
(b) The commission shall develop a process to address a situation in which:
(1) an individual does not receive adequate notice as required by Subsection (a)(2)(A); or
(2) the notice required by Subsection (a)(2)(A) is delivered without a postmark.