Section 98.106 - Appeals Process and Exceptions(a) An individual whose application is denied or whose services have been terminated by THMP may appeal the department's decision within 60 days of postmark of the notification. An applicant, individual, or person legally responsible for an applicant or individual may initiate the appeal process by notifying the department's HIV/STD Prevention and Care Unit that the individual wishes to dispute the department's decision. The written notice must contain all arguments and supporting documents being put forward for the appeal. The notice should be addressed to the Department of State Health Services, HIV/STD Prevention and Care Unit, Texas HIV Medication Program, Attn: MSJA, Mail Code 1873, P.O. Box 149347, Austin, Texas 78714-3947 or in another manner allowed by the department.(b) A department review panel will hear the appeal within 30 days of receipt of the written notice. The appellant will be notified by mail of the appeal. The panel shall consist of: (1) the TB/HIV/STD Section Director;(2) the HIV/STD Prevention and Care Unit Manager;(3) the Texas HIV Medication Program Manager; and(4) the Infectious Disease Medical Officer (or equivalent positions, in the event of a department reorganization).(c) The appellant may present the case in person or in another manner allowed by the department before the panel or rely on the written submissions. The issues on appeal and the arguments in support of those issues are limited to those already submitted in writing. Following review of the materials, and hearing from the appellant (if applicable), the panel will issue a written decision within 60 days of the hearing. The panel's decision shall be final for the eligibility determination that is appealed. The appellant may reapply to the program at any time in the future.(d) The department is not required to offer an opportunity to dispute the decision to deny, non-renew, or terminate if THMP's actions are the result of the exhaustion of THMP program funds.25 Tex. Admin. Code § 98.106
The provisions of this §98.106 adopted to be effective February 4, 1999, 24 TexReg 567; amended to be effective August 28, 2003, 28 TexReg 6855; amended to be effective December 16, 2007, 32 TexReg 9128; Adopted by Texas Register, Volume 47, Number 45, November 11, 2022, TexReg 7558, eff. 11/17/2022