40 Tex. Admin. Code § 811.14
Noncooperation
Effective Jan 8, 201338 TexReg 180Source Note: The provisions of this §811.14 adopted to be effective November 18, 2003, 28 TexReg 10261; amended to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180.Texas Secretary of State
(a) A Board shall ensure that cooperation by Choices participants is verified each month to ensure that the Choices participants:
- (1) comply with Choices program requirements as set forth in the FEP, as specified in §811.23; or
- (2) have good cause as described in this chapter.
(b) If Choices participants have not cooperated with Choices program requirements and do not have good cause, a Board shall ensure that:
- (1) a penalty is requested for mandatory Choices participants; or
- (2) Choices services, including support services, are terminated for exempt Choices participants.
(c) A Board shall ensure that timely and reasonable attempts, as defined by the Agency, are made to contact a mandatory Choices participant prior to requesting a penalty to:
- (1) determine the reason for noncooperation and whether good cause is applicable, as described in §811.16(c);
(2) inform the mandatory Choices participant of:
- (A) the violation, if good cause has not been determined;
- (B) the right to appeal; and
- (C) the necessary procedures to demonstrate cooperation.
- (d) A Board shall ensure that timely and reasonable attempts, as defined by the Agency, are made to contact a sanctioned family and conditional applicants upon discovery of noncooperation during their demonstrated cooperation period to determine if good cause exists.
- (e) A Board shall ensure that the reasonable attempts to contact a mandatory Choices participant are documented in TWIST.
(f) A Board shall ensure that:
- (1) HHSC is notified of a mandatory Choices participant's failure to comply with Choices program requirements; and
- (2) the notification of noncooperation is submitted as early as possible in the same month in which the noncooperation occurs.
Source Note:The provisions of this §811.14 adopted to be effective November 18, 2003, 28 TexReg 10261; amended to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180.