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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 110HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT
RULE §110.5Contested Case Heard by SOAH

(a) The State Office of Administrative Hearings (SOAH) hears a contested case arising from the following Texas Health and Human Services Commission (HHSC) programs, services, or activities:

  (1) primary home care services;

  (2) community attendant services;

  (3) day activity and health services;

  (4) the Community Living Assistance and Support Services Program;

  (5) the Home and Community-based Services Program;

  (6) the Texas Home Living Program;

  (7) the Deaf-Blind Multiple Disabilities Program;

  (8) the Medically Dependent Children Program;

  (9) social services authorized by Title XX of the Social Security Act (42 United States Code §§1397 - 1397f);

  (10) In-Home and Family Support services for a person without a diagnosis of an intellectual disability;

  (11) the Program of All-Inclusive Care for the Elderly;

  (12) licensure, certification, or contracting of a nursing facility, including a determination related to the Resource Utilization Group Classification System or other utilization review;

  (13) hospice services;

  (14) licensure or certification of an intermediate care facility for persons with an intellectual disability or related condition;

  (15) licensure of a nursing facility administrator;

  (16) licensure of an assisted living facility;

  (17) licensure of a day activity and health services facility;

  (18) licensure of a home and community support services agency;

  (19) the nurse aide registry;

  (20) the nurse aide training and competency evaluation program;

  (21) the long-term care regulation and provider investigation employee misconduct registry; and

  (22) the medication aide program.

(b) Before a contested case described in subsection (a) of this section is transferred to SOAH:

  (1) the HHSC Appeals Division has exclusive jurisdiction over the case;

  (2) Texas Administrative Code (TAC), Title 1, Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) and this chapter govern the case; and

  (3) the parties may conduct discovery in accordance with 1 TAC Chapter 357, Subchapter I.

(c) SOAH conducts hearings in accordance with 1 TAC Chapter 155 (relating to Rules of Procedure) and this chapter.

(d) A SOAH administrative law judge issues a proposal for decision (PFD) in accordance with 1 TAC Chapter 155.

(e) If a party files PFD exceptions, or a reply to exceptions, the party must comply with 1 TAC Chapter 155.


Source Note: The provisions of this §110.5 adopted to be effective January 1, 2023, 47 TexReg 8679

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