| (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.
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