|(a) An individual whose application is denied, or whose
services have been terminated by THMP, may appeal the department's
decision within 60 days of postmark of the notification. An applicant,
individual, or person legally responsible for an applicant or individual
may initiate the appeal process by notifying the department's HIV/STD
Prevention and Care Unit that the individual wishes to dispute the
department's decision. The written notice must contain all arguments
and supporting documents being put forward for the appeal. The notice
should be addressed to the Department of State Health Services, HIV/STD
Prevention and Care Unit, Texas HIV Medication Program, Attn: MSJA,
Mail Code 1873, P.O. Box 149347, Austin, Texas, 78714-3947 or in another
manner allowed by the department.
(b) A department review panel will hear the appeal
within 30 days of receipt of the written notice. The appellant will
be notified by mail of the appeal. The panel shall consist of:
(1) the TB/HIV/STD Section Director;
(2) the HIV/STD Prevention and Care Unit Manager;
(3) the Texas HIV Medication Program Manager; and
(4) the Infectious Disease Medical Officer (or equivalent
positions, in the event of a department reorganization).
(c) The appellant may present the case in person or
in another manner allowed by the department before the panel or rely
on the written submissions. The issues on appeal and the arguments
in support of those issues are limited to those already submitted
in writing. Following review of the materials, and hearing from the
appellant (if applicable), the panel will issue a written decision
within 60 days of the hearing. The panel's decision shall be final
for the eligibility determination that is appealed. The appellant
may reapply to the program at any time in the future.
(d) The department is not required to offer an opportunity
to dispute the decision to deny, non-renew, or terminate if THMP's
actions are the result of the exhaustion of THMP program funds.