1. (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. (1) primary home care services;
   2. (2) community attendant services;
   3. (3) day activity and health services;
   4. (4) the Community Living Assistance and Support Services Program;
   5. (5) the Home and Community-based Services Program;
   6. (6) the Texas Home Living Program;
   7. (7) the Deaf-Blind Multiple Disabilities Program;
   8. (8) the Medically Dependent Children Program;
   9. (9) social services authorized by Title XX of the Social Security Act (42 United States Code §§1397 - 1397f);
   10. (10) In-Home and Family Support services for a person without a diagnosis of an intellectual disability;
   11. (11) the Program of All-Inclusive Care for the Elderly;
   12. (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. (13) hospice services;
   14. (14) licensure or certification of an intermediate care facility for persons with an intellectual disability or related condition;
   15. (15) licensure of a nursing facility administrator;
   16. (16) licensure of an assisted living facility;
   17. (17) licensure of a day activity and health services facility;
   18. (18) licensure of a home and community support services agency;
   19. (19) the nurse aide registry;
   20. (20) the nurse aide training and competency evaluation program;
   21. (21) the long-term care regulation and provider investigation employee misconduct registry; and
   22. (22) the medication aide program.

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

   1. (1) the HHSC Appeals Division has exclusive jurisdiction over the case;
   2. (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. (3) the parties may conduct discovery in accordance with 1 TAC Chapter 357, Subchapter I.
3. (c) SOAH conducts hearings in accordance with 1 TAC Chapter 155 (relating to Rules of Procedure) and this chapter.
4. (d) A SOAH administrative law judge issues a proposal for decision (PFD) in accordance with 1 TAC Chapter 155.
5. (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.