Sec. 42.006. SELECTION OF SERVICE PROVIDERS. (a) The department shall select providers to furnish kidney health care services under the program according to the criteria and procedures adopted by the executive commissioner.
(b) The department shall provide a hearing procedure in accordance with department rules for the resolution of conflicts between the department and a provider. Chapter 2001, Government Code, does not apply to conflict resolution procedures adopted under this section.
(c) The department may not terminate a contract while a hearing is pending under this section. The department may withhold payments while the hearing is pending, but shall pay the withheld payments and resume contract payments if the final determination is in favor of the provider.
(d) Subsections (b) and (c) do not apply if a contract:
(1) is canceled because program services are restricted to conform to budgetary limitations that require the executive commissioner to adopt service priorities regarding types of services to be furnished or classes of eligible individuals; or
(2) expires according to its terms.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(66), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0146, eff. April 2, 2015.
Structure Texas Statutes
Chapter 42 - Kidney Health Care
Section 42.001. Short Title; Purpose
Section 42.003. Kidney Health Care Program
Section 42.0045. Distribution of Drugs and Devices
Section 42.0047. Estimated Glomerular Filtration Rate Reporting
Section 42.006. Selection of Service Providers
Section 42.007. Eligibility for Services
Section 42.008. Denial, Modification, Suspension, or Termination of Services
Section 42.010. Recovery of Costs
Section 42.014. Scientific Investigations
Section 42.015. Educational Programs