The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
(1) Adjusted gross income--The gross income of the
family, as defined in this section, minus allowable deductions. Adjusted
income is used to determine a family's monthly cost share.
(2) Allowable deductions--Expenses that are not reimbursed
by other sources. Allowable deductions are limited to:
(A) the actual medical or dental expenses of the parent
or dependent that are primarily related to alleviating or preventing
a physical or mental defect or illness, were paid over the previous
12 months, are expected to continue during the eligibility period,
and are limited to the cost of:
(i) diagnosis, cure, alleviation, treatment, or prevention
(ii) treatment of any affected body part or function;
(iii) legal medical services delivered by physicians,
surgeons, dentists, and other medical practitioners;
(iv) medication, medical supplies, and diagnostic devices;
(v) premiums paid for insurance that covers the expenses
of medical or dental care;
(vi) transportation to receive medical or dental care;
(vii) medical or dental debt that is being paid on
an established payment plan;
(B) child-care and respite expenses for a family member;
(C) costs and fees associated with the adoption of
a dependent child; and
(D) court-ordered child support payments paid for a
child who is not counted as a family member or dependent.
(3) Applied behavior analysis (ABA)--The process of
using behavioral principles to evaluate and teach socially relevant
behavior, teach new skills, and increase desirable behaviors.
(4) Autism spectrum disorders (ASD)--The disorders
found in the current edition of the Diagnostic and Statistical Manual
of Mental Disorders (DSM) related to autism. An ASD diagnosis of autistic
disorder, Asperger's disorder, or pervasive developmental disorder
not otherwise specified, made under a previous DSM, is acceptable.
(5) BCaBA--A board certified assistant behavior analyst.
(6) BCBA--A board certified behavior analyst.
(7) BCBA-D--A board certified behavior analyst-doctoral.
(8) Child--A son, daughter, foster child, or stepchild
who is under age 19 living in the home.
(9) Contractor--A service provider under contract with
DARS to provide autism services.
(10) Cost share--The amount of monthly financial contribution
required of a family for a child to participate in the DARS Autism
(11) DARS--Texas Department of Assistive and Rehabilitative
(12) DARS Combined ABA services--ABA services that
are provided to children three through eight years of age by a DARS
contractor that may include either or both comprehensive ABA and focused
(13) DARS Comprehensive ABA services--ABA services
that are provided to children three through five years of age by a
DARS contractor to treat all areas of developmental and behavioral
(14) DARS Focused ABA services--ABA services that are
provided to children 3 through 15 years of age by a DARS contractor
to treat one or more deficits or behaviors of excess rather than the
full range of developmental domains.
(15) Dependent--A child age 19 or older, parent, stepparent,
grandparent, brother, sister, stepbrother, stepsister, or in-law;
whose gross income is less than $3,900 a year; and for whom more than
half of the person's support is provided for by the parent(s) or guardian(s)
during the calendar year.
(16) Family--The child's parent(s) or guardian(s),
the child, other children under 19 years of age; and other dependents
of the parent or guardian.
(17) Fiscal year--The state fiscal year. Begins on
September 1 and ends on August 31 of the following year.
(18) Gross income--All income received by the family
for determination of the family's cost share, from whatever source,
that is considered income by the Internal Revenue Service before federal
allowable deductions are applied.
(19) Individualized Education Program (IEP)--A written
document that is developed for each public school child who is eligible
for special education.
(20) Interest list--A list, maintained by the contractor,
of families who have indicated an interest in receiving services,
and who meet the eligibility criteria.
(21) LEA--Local educational agency.
(22) Qualified professional--An actively licensed physician
or psychologist with training and background related to the diagnosis
and treatment of neurodevelopmental disorders.
(23) Texas resident--A person who is in Texas and intends
to remain in the state, either permanently or for an indefinite period.
(24) Third-party payer--A company, organization, insurer,
or government agency other than DARS that makes payment for health
care services received by an enrolled child.
(25) Transition plan--A plan that identifies and documents
appropriate steps and transition services to support the child and
family to smoothly and effectively transition from the DARS Autism
Program to LEA special education services or other community activities,
places, or programs the family would like the child to participate
in after exiting the DARS Autism Program.
(26) Treatment plan--A written plan of care, including
treatment goals, for providing ABA treatment services to an eligible
child and the child's family to enhance the child's development. Intensity
and length of services is determined by the treatment goals.