SECTION 110.5. Contested 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