(a) This subchapter applies to the Department of State Health Services (department).     
      (b) This subchapter does not apply to an action of the department for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.     
      (c) This subchapter does not apply to a contract action proposed or taken by the department for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Government Code, Chapter 2001.     
      (d) This subchapter does not apply to contracts:      
        (1) between the department and the federal government or its agencies, another state, or another nation;       
        (2) between the department and one or more units of state government;       
        (3) within the exclusive jurisdiction of state or local regulatory bodies; or       
        (4) within the exclusive jurisdiction of federal courts or regulatory bodies.       
     Source Note:        The provisions of this §4.12 adopted to be effective September 16, 2010, 35 TexReg 8369