An individual seeking admission to a nursing facility, a resident, or an individual's or resident's LAR who is not in agreement with a denial of specialized services because the individual or resident does not have a diagnosis of ID or DD, in accordance with 42 CFR §483.102(b)(3)(i) and (ii), or a diagnosis of MI in accordance with 42 CFR §483.102(b)(1), may request a fair hearing to appeal the denial in accordance with 1 TAC Chapter 357, Subchapter A (relating to Uniform Fair Hearing Rules). If the hearing officer reverses a denial of specialized services, the LIDDA, the LMHA, the LBHA, or the nursing facility, as applicable, must ensure the provision of the specialized services.

Source Note:The provisions of this §303.103 adopted to be effective July 7, 2019, 44 TexReg 3265.