|(a) To be eligible for independent living services,
a consumer must:
(1) have a significant disability as defined in §104.105(24)
of this chapter (relating to Definitions); and
(2) be present in Texas.
(b) Eligibility is determined by the service provider,
based on the documented diagnosis of a licensed practitioner.
(c) Under Texas Government Code §531.02002, §531.02014,
and Texas Labor Code §351.002, consumers who are determined to
be eligible for independent living services on or before August 31,
2016, remain eligible on September 1, 2016, and are considered grandfathered
under the former DARS independent living program and do not need
to reapply for independent living services to the respective receiving
agency on September 1, 2016.
(d) Eligibility requirements are applied without regard
to a person's age, color, creed, gender, national origin, race, religion,
or length of time present in Texas.
(e) Once a consumer is determined to be eligible for
services, the service provider:
(1) notifies the consumer or the consumer's representative
in writing about the consumer's fee for service, as described in §104.401
of this chapter (relating to Consumer Participation System); and
(2) verifies the benefits of all consumers who may
be covered for independent living services by comparable services
or benefits, as provided under this chapter, and maintains all related
(f) If a service provider determines that a consumer
is not eligible based on the criteria explained in this section, the
service provider documents the determination of ineligibility and
provides DARS with a copy that is signed and dated by the service
provider's executive director or designee.
(1) The service provider may determine a consumer to
be ineligible for independent living services only after consultation
with the consumer or after providing a clear opportunity for consultation.
(2) The service provider notifies the consumer in writing
of the action taken and informs the consumer about the consumer's
rights and the means by which the consumer may appeal the action
taken or file a complaint.
(3) The service provider refers the consumer to other
agencies and facilities, if appropriate, including referring the consumer
to the State's vocational rehabilitation program.
(4) If a service provider determines that a consumer
is ineligible for independent living services, the service provider
reviews the consumer's status again within 12 months of the determination
and whenever the service provider determines that the consumer's status
has materially changed.
(5) A review of an ineligibility determination need
not be conducted if the consumer has refused one, the consumer is
no longer present in Texas, or the consumer's whereabouts are unknown.
|Source Note: The provisions of this §357.305 adopted to be effective August 31, 2016, 41 TexReg 6066; transferred effective March 15, 2021, as published in the Texas Register February 26, 2021, 46 TexReg 1387