7100, Appeals and State Fair Hearings

Revision 23-4; Effective Aug. 21, 2023

1 Texas Administrative Code (TAC) Section 357.1, Definitions,  states an appeal is a request for a review of an agency action or failure to act that may result in a fair hearing. A Medically Dependent Children Program (MDCP) applicant, member, legally authorized representative (LAR) or medical consenter has the right to request an appeal within 90 days from the effective date of a Texas Health and Human Services Commission (HHSC) action as indicated in 1 TAC Section 357.3,  Authority and Right to Appeal. The appeal request may be verbal or in writing.

A fair hearing is an informal proceeding held before an impartial HHSC hearings officer where an applicant, member, LAR or medical consenter appeals an agency action, as indicated in 1 TAC Section 357 .1.