1. (a) A person whose application for enrollment in the TRS-ActiveCare program is denied by TRS, the administering firm, or a participating entity may appeal the denial to TRS.
2. (b) An appeal to TRS under this section shall be made in writing and shall be filed with TRS no later than 45 days after the date of denial. The appeal shall be directed to the TRS-ActiveCare Grievance Administrator. The person filing the appeal also shall provide a copy of the appeal to the administering firm or the participating entity that denied enrollment.
3. (c) The appeal shall be processed in the manner similar to the procedures established in Section 41.50 of this chapter (relating to Adjudication of Claims). The administering firm is not required to participate in the procedures unless the firm has made a decision relevant to the appeal. A participating entity that denied an application for enrollment is entitled to participate in the process.
4. (d) A decision of the TRS Appeal Committee relating to eligibility may be appealed by the affected person or by the participating entity to the TRS Executive Director. An appeal to the Executive Director shall be filed no later than 30 days after the date of the written decision by the TRS Appeal Committee. Pursuant to the delegation of authority through this section, the decision of the Executive Director is the final decision of TRS.

Source Note:The provisions of this §41.51 adopted to be effective December 26, 2002, 27 TexReg 12004.