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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 2LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER CCHARGES FOR COMMUNITY SERVICES
RULE §2.102Application

(a) This subchapter applies to an MRA for community services contracted for through the performance contract that the MRA provides directly or through a subcontractor to a member of the MR priority population. This subchapter also applies to an adult person in the MR priority population and a parent of a person under age 18 years in the MR priority population.

(b) This subchapter does not apply to:

  (1) a program or service that is prohibited by statute or regulation from charging a fee to a person served;

  (2) the DADS In-Home and Family Support Program--Mental Retardation;

  (3) residential services as described in the performance contract; and

  (4) specialized services mandated by the Omnibus Budget Reconciliation Act (OBRA) of 1987, as amended by OBRA 90, for a preadmission screening and resident review (PASARR) provided to a non-Medicaid eligible person.


Source Note: The provisions of this §2.102 adopted to be effective September 1, 2002, 27 TexReg 2041; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective November 1, 2007, 32 TexReg 7494

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