Tex. Health & Safety Code Section 61.004
Residence or Eligibility Dispute

(a)

If a provider of assistance and a governmental entity or hospital district cannot agree on a person’s residence or whether a person is eligible for assistance under this chapter, the provider or the governmental entity or hospital district may submit the matter to the department.

(b)

The provider of assistance and the governmental entity or hospital district shall submit all relevant information to the department in accordance with the application, documentation, and verification procedures established by department rule under Section 61.006 (Standards and Procedures).

(c)

If the department determines that another governmental entity or hospital district may be involved in the dispute, the department shall notify the governmental entity or hospital district and allow the governmental entity or hospital district to respond.

(d)

From the information submitted, the department shall determine the person’s residence or whether the person is eligible for assistance under this chapter, as appropriate, and shall notify each governmental entity or hospital district and the provider of assistance of the decision and the reasons for the decision.

(e)

If a governmental entity, hospital district, or provider of assistance does not agree with the department’s decision, the governmental entity, hospital district, or provider of assistance may file an appeal with the department. The appeal must be filed not later than the 30th day after the date on which the governmental entity, hospital district, or provider of assistance receives notice of the decision.

(f)

The department shall issue a final decision not later than the 45th day after the date on which the appeal is filed.

(g)

A governmental entity, hospital district, or provider of assistance may appeal the final order of the department under Chapter 2001 (Administrative Procedure), Government Code, using the substantial evidence rule on appeal.

(h)

Service may not be denied pending an administrative or judicial review of residence.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1377, Sec. 1.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0176, eff. April 2, 2015.

Source: Section 61.004 — Residence or Eligibility Dispute, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­61.­htm#61.­004 (accessed May 4, 2024).

61.001
Short Title 61.002
Definitions 61.003
Residence 61.004
Residence or Eligibility Dispute 61.005
Contribution Toward Cost of Assistance 61.006
Standards and Procedures 61.007
Information Provided by Applicant 61.008
Eligibility Rules 61.009
Reporting Requirements 61.010
Dedicated Tax Revenues 61.011
Services by State Hospital or Clinic 61.012
Reimbursement for Services 61.021
Application of Subchapter 61.022
County Obligation 61.023
General Eligibility Provisions 61.024
County Application Procedure 61.025
County Agreement with Municipality 61.026
Review of Eligibility 61.027
Change in Eligibility Status 61.028
Basic Health Care Services 61.029
Provision of Health Care Services 61.030
Mandated Provider 61.031
Notification of Provision of Nonemergency Services 61.032
Notification of Provision of Emergency Services 61.033
Payment for Services 61.034
Payment Standards for Health Care Services 61.035
Limitation of County Liability 61.036
Determination of Eligibility for Purposes of State Assistance 61.037
County Eligibility for State Assistance 61.038
Distribution of Assistance Funds 61.039
Failure to Provide State Assistance 61.040
Tax Information 61.041
County Reporting 61.042
Employment Services Program 61.043
Prevention and Detection of Fraud 61.044
Subrogation 61.0045
Information Necessary to Determine Eligibility 61.051
Application of Subchapter 61.052
General Eligibility Provisions 61.053
Application Procedure 61.054
Basic Health Care Services Provided by a Public Hospital 61.055
Basic Health Care Services Provided by Hospital Districts 61.056
Provision of Health Care Services 61.057
Mandated Provider 61.058
Notification of Provision of Nonemergency Services 61.059
Notification of Provision of Emergency Services 61.060
Payment for Services 61.061
Payment Rates and Limits 61.062
Responsibility of Governmental Entity 61.063
Procedure to Change Eligibility Standards or Services Provided 61.064
Transfer of a Public Hospital 61.066
Prevention and Detection of Fraud 61.067
Lien by Non-provider Hospital District 61.068
Employment Services Program 61.0221
Authority Relating to Other Assistance Programs 61.0285
Optional Health Care Services 61.0395
Limited to Appropriated Funds
Green check means up to date. Up to date

Accessed:
May 4, 2024

§ 61.004’s source at texas​.gov