| (a) Purpose. Various federal and state statutes or regulations require the Texas Department of Health (department) to establish procedures for conducting fair hearings in connection with various programs administered by the department. These hearings are not required to be conducted under the provisions of the Administrative Procedure Act, Government Code, Chapter 2001 (APA). Rather, the department shall conduct fair hearings in accordance with rules adopted by the Texas Board of Health. Where there is a conflict between these sections and the sections of a particular program, the more particular program sections will control. (b) Scope. (1) These sections establish fair hearing procedures which the department will follow when the department is required to conduct a fair hearing by federal or state statutes, rules or regulations, or when a statute or regulation does not specify that a contested case be heard under the APA.
Specifically, the sections cover the opportunity for a hearing, the hearing notice, the hearing procedure and the decision-making process. (2) These procedures apply to fair hearings for: (A) the County Indigent Health Care Program; (B) the Chronically Ill and Disabled Children's Services Program; (C) the Waiver Program for Medically Dependent Children; (D) the Kidney Health Care; (E) the Lead-Based Paint Certification Program; (F) participation in the Women, Infant, and Children (WIC) Program; (G) client appeals in the medical assistance program administered by the department; and (H) any other program hearing not required to be a contested case hearing under the provisions of the APA.
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