# Tex. Health and Safety Code § 61.004: RESIDENCE OR ELIGIBILITY DISPUTE

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.004

## Section

- **Citation:** Tex. Health and Safety Code § 61.004
- **Heading:** RESIDENCE OR ELIGIBILITY DISPUTE
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code hs / Chapter 61 / Section 61.004

## Text

(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.

(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, Government Code, using the substantial evidence rule on appeal.

(h) Service may not be denied pending an administrative or judicial review of residence.

## Nearby sections

- [Tex. Health and Safety Code § 61.001 § 61.001. SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.001.md)
- [Tex. Health and Safety Code § 61.002 § 61.002. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.002.md)
- [Tex. Health and Safety Code § 61.003 § 61.003. RESIDENCE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.003.md)
- [Tex. Health and Safety Code § 61.004 § 61.004. RESIDENCE OR ELIGIBILITY DISPUTE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.004.md)
- [Tex. Health and Safety Code § 61.005 § 61.005. CONTRIBUTION TOWARD COST OF ASSISTANCE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.005.md)
- [Tex. Health and Safety Code § 61.006 § 61.006. STANDARDS AND PROCEDURES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.006.md)
- [Tex. Health and Safety Code § 61.007 § 61.007. INFORMATION PROVIDED BY APPLICANT.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.007.md)
- [Tex. Health and Safety Code § 61.008 § 61.008. ELIGIBILITY RULES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.008.md)
- [Tex. Health and Safety Code § 61.009 § 61.009. REPORTING REQUIREMENTS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.009.md)
- [Tex. Health and Safety Code § 61.010 § 61.010. DEDICATED TAX REVENUES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.010.md)
- [Tex. Health and Safety Code § 61.011 § 61.011. SERVICES BY STATE HOSPITAL OR CLINIC.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.011.md)
- [Tex. Health and Safety Code § 61.012 § 61.012. REIMBURSEMENT FOR SERVICES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.012.md)
- [Tex. Health and Safety Code § 61.021 § 61.021. APPLICATION OF SUBCHAPTER.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.021.md)
- [Tex. Health and Safety Code § 61.022 § 61.022. COUNTY OBLIGATION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.022.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Chs_C61_S61.004. Check the current official text before relying on it. Not legal advice.