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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 4DSHS CONTRACTING RULES
SUBCHAPTER BCERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT
RULE §4.12Applicability

(a) This subchapter applies to the Department of State Health Services (department).

(b) This subchapter does not apply to an action of the department for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.

(c) This subchapter does not apply to a contract action proposed or taken by the department for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Government Code, Chapter 2001.

(d) This subchapter does not apply to contracts:

  (1) between the department and the federal government or its agencies, another state, or another nation;

  (2) between the department and one or more units of state government;

  (3) within the exclusive jurisdiction of state or local regulatory bodies; or

  (4) within the exclusive jurisdiction of federal courts or regulatory bodies.


Source Note: The provisions of this §4.12 adopted to be effective September 16, 2010, 35 TexReg 8369

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