Appendix V, Time CalculationAppendix V, Time Calculation acarreras Wed, 06/13/2018 - 17:36
Change Effective Dates
Change effective dates are calculated in a way to ensure the individual has the full 12-day adverse action period. This follows guidelines set forth by Texas Administrative Code §48.3903. Community Care for Aged and Disabled Services follows guidelines set forth by the Code Construction Act.
|Code Construction Act, § 311.014. Computation of Time
(a) In computing a period of days, the first day is excluded and the last day is included.
(b) If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
The effective date of a reduction in service hours would be calculated according to this example:
|Question: What is the first day an individual will receive the reduced number of services hours if the notice is sent to the individual on Nov. 26?|
|Nov. 26 (Day zero)||The case worker sends notice to the individual.|
|Dec. 8 (Day 12)||The individual has through the end of the business day to file an appeal to have services continue at the higher amount.|
|Dec. 9 (Day 13)||If the individual did not file a timely appeal, this is the first day the individual will receive the reduced number in service hours.|
The effective date for a denial of services would be calculated according to this example:
|Question: What is the last day an individual will receive services if the notice of denial is sent to the individual on Nov. 26?|
|Nov. 26 (Day zero)||The case worker sends the denial notice to the individual.|
|Dec. 8 (Day 12)||The individual has through the end of the business day to file an appeal to have services continue.|
If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. In the above example, if Dec. 8 is a Saturday, then Dec. 10 is the last day the individual will receive services. Skeleton crew days are not legal holidays. Legal holidays are days when the agency is closed.
Due Dates for Case Actions
The following chart contains a monthly calendar to help determine when certain case action time frames come due. The first column is the date the "clock starts ticking." Each subsequent column indicates when a certain number of calendar days have expired.
Example: To determine when the next required home visit for a Community Attendant Services (CAS) individual is due:
- read down the "start date" column to find the date the last visit was done, and
- locate the column for 90 days. The date listed will be 90 days from the date the last visit was done.
Thus, if the individual was seen on June 15, the next 90-day visit is due Sept. 13.
Note: The due dates do not take into account a leap year. The chart assumes February has only 28 days. Therefore, if the time span in question includes a Feb. 29, you must back up one day from what is listed in the "due date" column. An asterisk by a date means to back up one day if a Feb. 29 has intervened.
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