In addition to the definitions contained in Texas Labor Code §352.001,
34 CFR §361.5, and §856.3 of this title (relating to Definitions)
of the Agency's Vocational Rehabilitation Division rules, the following
words and terms, when used in this chapter, shall have the following
meanings:
(1) Act--The Rehabilitation Act of 1973, as amended
(29 USC 701 et seq.).
(2) Adjusted income--The dollar amount that is equal
to a household's annual gross income, minus allowable deductions.
(3) Applicant--An individual who applies for Older
Individuals Who Are Blind (OIB) services.
(4) Attendant care--A personal assistance service provided
to an individual with significant disabilities to aid in performing
essential personal tasks, such as bathing, communicating, cooking,
dressing, eating, homemaking, toileting, and transportation.
(5) Blind--An individual having not more than 20/200
visual acuity in the better eye with correcting lenses or visual acuity
greater than 20/200 but with a limitation in the field of vision such
that the widest diameter of the visual field subtends an angle no
greater than 20 degrees.
(6) Center for Independent Living (CIL)--Has the meaning
assigned by §702 of the Act (29 USC §796a).
(7) Client Assistance Program (CAP)--A federally funded
program under 34 CFR Part 370 that provides information, assistance,
and advocacy for individuals with disabilities who are seeking or
receiving services from programs funded under the Act. In Texas, the
designated agency is Disability Rights Texas (DRTx).
(8) Comparable services or benefits--Services and benefits
that are provided or paid for, in whole or part, by other federal,
state, or local public programs, or by health insurance, third-party
payers, or other private sources.
(9) Customer--An individual who is eligible for and
receiving OIB services under this chapter.
(10) Customer participation system--The system for
determining and collecting the financial contribution that a customer
may be required to pay for receiving OIB services.
(11) Customer representative--Any individual chosen
by a customer, including the customer's parent, guardian, other family
member, or advocate. If a court has appointed a guardian or representative,
that individual is the customer's representative.
(12) Federal Poverty Guidelines--The poverty guidelines
updated periodically in the Federal Register by
the US Department of Health and Human Services under the authority
of 42 USC §9902(2), found at https://aspe.hhs.gov/poverty-guidelines.
(13) Independent Living Plan (ILP)--A written plan
in which the customer and OIB staff have collaboratively identified
the services that the customer needs to achieve the goal of living
independently.
(14) Low vision--A condition of having a visual acuity
not more than 20/70 in the better eye with correcting lenses, or visual
acuity greater than 20/70 but with a limitation in the field of vision
such that the widest diameter of the visual field subtends an angle
no greater than 30 degrees, or having a combination of both.
(15) Older Individuals Who Are Blind (OIB)--The independent
living services program that serves individuals ages 55 and over who
are blind or visually impaired.
(16) Significant disability--A significant physical,
mental, cognitive, or sensory impairment that substantially limits
an individual's ability to function independently in the family or
community.
(17) Significant visual impairment--A disease or condition
of the eye that does not meet the definitions of Blind or Low Vision
but does create a significant impediment to independent living and
cannot be corrected with glasses or contact lenses.
(18) Transition services--Services that:
(A) facilitate the transition of individuals with significant
disabilities from nursing homes and other institutions to home and
community-based residences, with the requisite supports and services;
and
(B) provide assistance to individuals with significant
disabilities who are at risk of entering institutions so that the
individuals may remain in the community.
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