<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 98TEXAS HIV MEDICATION PROGRAM
SUBCHAPTER CTEXAS HIV MEDICATION PROGRAM
DIVISION 1GENERAL PROVISIONS
RULE §98.118Appeal Procedures

(a) An applicant whose application for initial benefits (or renewal application) is denied, or whose services have been terminated by the department, may appeal the program's decision. An applicant, recipient or person legally responsible for an applicant or recipient, may initiate the appeal process by notifying the department's HIV/STD Prevention and Care Branch that the person wishes to dispute the program's decision. The written notice must contain all arguments and supporting documents being put forward by the individual in question for the appeal. The notice should be addressed to the Department of State Health Services, HIV/STD Prevention and Care Branch, Texas HIV Medication Program, Attn: MSJA, Mail Code 1873, P.O. Box 149347, Austin, Texas, 78714-9347.

(b) A department review panel will hear the appeal. The panel shall consist of the TB/HIV/STD/Viral Hepatitis Unit Manager; the HIV/STD Prevention and Care Branch Manager; the Texas HIV Medication Program Manager, and the Infectious Disease Medical Officer (or equivalent positions, in the event of an agency reorganization). The appellant may present the case in person before the panel, or rely on the written submissions, but in either event 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 individual person (if applicable), the panel will issue a written decision. The panel's decision shall be final.


Source Note: The provisions of this §98.118 adopted to be effective August 28, 2003, 28 TexReg 6855; amended to be effective December 16, 2007, 32 TexReg 9128; amended to be effective November 20, 2013, 38 TexReg 8244

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page