Texas Health and Safety Code 241.1836 – Appeal Process
(a) The rules adopted under § 241.183 establishing level of care designations for hospitals must allow a hospital to appeal a level of care designation to a three-person panel that includes:
(1) a representative of the department;
(2) a representative of the commission; and
(3) an independent person who:
(A) has expertise in the specialty area for which the hospital is seeking a level of care designation;
(B) is not an employee of or affiliated with either the department or the commission; and
(C) does not have a conflict of interest with the hospital, department, or commission.
(b) The independent person on the panel described by Subsection (a) must rotate after each appeal from a list of five to seven similarly qualified persons. The department shall solicit persons to be included on the list. A person must apply to the department on a form prescribed by the department and be approved by the commissioner to be included on the list.
Terms Used In Texas Health and Safety Code 241.1836
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005