SECTION 4.12. Applicability

(a) This subchapter applies to the Department of State Health Services (department).

(b) This subchapter does not apply to an action of the department for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.

(c) This subchapter does not apply to a contract action proposed or taken by the department for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Government Code, Chapter 2001.

(d) This subchapter does not apply to contracts:

(1) between the department and the federal government or its agencies, another state, or another nation;

(2) between the department and one or more units of state government;

(3) within the exclusive jurisdiction of state or local regulatory bodies; or

(4) within the exclusive jurisdiction of federal courts or regulatory bodies.

Source Note: The provisions of this §4.12 adopted to be effective September 16, 2010, 35 TexReg 8369