6200, Adverse Action Notification Period

Revision 22-1; Effective January 31, 2022

Program Support Unit (PSU) staff must mail Form H2065-D, Notification of Managed Care Program Services, to the member no later than 12 business days before the termination effective date. This requirement ensures:

  • the member maintains services while Form H2065-D travels through the mail; and
  • the member has enough time to request a state fair hearing with the option of maintaining continued Medically Dependent Children Program (MDCP) services until a state fair hearing decision is rendered. 

Day zero is the day PSU staff mail Form H2065-D to the member.

The MDCP termination dates are typically on the last day of the month. PSU staff must manually extend the individual service plan (ISP) record’s end date in the Texas Medicaid & Healthcare Partnership (TMHP) Long Term Care Online Portal (LTCOP) to the last day of the following month if:

  • the 12th business day is beyond the current ISP end date; and
  • the adverse action notification period applies.

See the example chart below for further clarification.

Example Chart:

Form H2065-D SentOriginal ISP End DateAdverse Action Expiration Date: 12th Business DayExtend ISP in TMHP LTCOP for Adverse ActionForm H2065-D Termination DateMember Requests State Fair HearingServices Continue During State Fair Hearing?
6/12/207/31/206/30/20No7/31/207/15/20Yes
6/1/206/30/206/17/20No6/30/207/2/20No
6/25/206/30/207/13/20Yes7/31/207/17/20Yes
6/25/206/30/207/13/20Yes7/31/207/13/20Yes
8/28/208/31/209/15/20Yes9/30/209/14/20Yes

The adverse action notification period does not apply to all member terminations. The adverse action notification period does not apply when: 

  • PSU staff has factual information confirming the death of a member;
  • the member submits a signed written statement waiving their right to the adverse action notification period and understands their services will end;
  • the member is denied Medicaid financial eligibility for MDCP;
  • the member is admitted to an institution for 90 consecutive days where MDCP services cannot be delivered;
  • the member accepts Medicaid services by another jurisdiction, state, territory or commonwealth; or
  • the member chooses to enroll in another Medicaid waiver program.