CHAPTER 35. SUPPORT SERVICES FOR PERSONS WITH DISABILITIES

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > Chapter-35-support-services-for-persons-with-disabilities

HUMAN RESOURCES CODE

TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF

PROTECTIVE AND REGULATORY SERVICES

SUBTITLE C. ASSISTANCE PROGRAMS

CHAPTER 35. SUPPORT SERVICES FOR PERSONS WITH DISABILITIES

Sec. 35.001. DEFINITIONS. In this chapter:

(1) "Assistance" or "support services" means a subsidy granted

by the department to provide support to a client.

(2) "Client" means a person with a disability who lives

independently or a family who receives assistance under this

chapter.

(3) "Department" means the Texas Department of Human Services.

(4) "Family" means a group that consists of a person with a

disability and that person's parent, legal guardian, spouse, or

sibling and may include others.

(5) "Legal guardian" means a person appointed by a court of

competent jurisdiction to exercise powers over a person with a

disability.

(6) "Other support programs" means:

(A) all forms of local, state, or federal support services other

than those established by this chapter;

(B) contract programs; or

disabilities or their families.

(7) "Parent" includes only a natural, foster, surrogate, or

adoptive parent.

(8) "Person with a disability" includes a person who has a

physical or mental impairment that substantially limits one or

more major life activities or has a record of such an impairment.

This term does not include an individual whose impairment is a

communicable disease.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.002. ADOPTION OF RULES AND IMPLEMENTATION OF PROGRAM.

The department shall adopt rules to implement and administer this

chapter, including:

(1) procedures and guidelines for determining eligibility

standards relating to financial qualifications and the need for

services and for determining eligibility criteria for selecting

clients to receive assistance;

(2) standards and procedures for approving qualified programs

and support services;

(3) procedures for conducting a periodic review of clients;

(4) procedures and guidelines for determining when assistance

duplicates other support programs or results in excessive support

to a client;

(5) reasonable payment rates for qualified programs and support

services under this chapter; and

(6) a copayment system in accordance with Section 35.007 of this

code.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.003. ELIGIBILITY. (a) The department's rules must

provide that an applicant for assistance is eligible to receive

assistance if the applicant resides in this state and meets the

department's eligibility criteria for income and need and is not

eligible for services under Subchapter A, Chapter 535, Health and

Safety Code. A family or a person with a disability living

independently may apply for assistance.

(b) The department shall determine eligibility for support

services from the results of current evaluations, program plans,

and medical reports. Those documents shall be provided to the

department on request. The department, if it considers necessary,

shall provide any additional evaluations.

support services for which the applicant is eligible after

consulting with the applicant.

(d) In determining eligibility for support services under this

chapter, the department shall determine if the applicant is

eligible to receive the services from other support programs. If

the department determines that the applicant may receive the

services from another support program and those services are

available to the applicant, the department may deny the

application. If the department denies the application, the

department shall provide to the applicant information on and

referral to the appropriate support program.

(e) A local or state agency may not consider assistance received

under this chapter in determining eligibility for another support

program unless that consideration is required by federal

regulations.

(f) If requested by the applicant, the department shall hold a

hearing on the denial of an application.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 76, Sec. 17, eff.

Sept. 1, 1991.

Sec. 35.004. PROVISION OF ASSISTANCE AND SUPPORT SERVICES. (a)

The department shall provide assistance to compensate a client

for present and future expenses, including:

(1) the purchase or lease of special equipment or architectural

modifications of a home to improve or facilitate the care,

treatment, therapy, general living conditions, or access of a

person with a disability;

(2) medical, surgical, therapeutic, diagnostic, and other health

services related to a person's disability or disabilities;

(3) counseling or training programs that assist a family in

providing proper care for a family member with a disability or

assist a person with a disability in an independent living

situation and that provide for the special needs of the family or

person with a disability;

(4) attendant care, home health aide services, homemaker

services, and chore services that provide support with training,

routine body functions, dressing, preparation and consumption of

food, and ambulation;

(5) respite support for a family, if the family is the client;

(6) transportation services for the person with a disability;

and

(7) transportation, room, and board costs incurred by a family

or a person with a disability during evaluation or treatment of a

person with a disability that have been preapproved by the

department.

(b) The department by rule may add services and programs for

which the department may provide assistance.

chapter is determined and limited by the funds specifically

appropriated to administer this chapter.

(d) The department may seek, accept, and expend funds from other

sources to provide assistance under this chapter.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.005. PAYMENT OF ASSISTANCE. (a) The department may

grant assistance of not more than $3,600 a year to a client and

make periodic distributions or a lump-sum distribution according

to the client's needs. The commissioner or the commissioner's

designee may grant additional amounts on consideration of an

individual client's needs.

(b) In addition to the assistance authorized by Subsection (a)

of this section, the department may award to a client a onetime

grant of assistance of not more than $3,600 for architectural

renovation or other capital expenditure to improve or facilitate

the care, treatment, therapy, general living conditions, or

access of a person with a disability. The commissioner or the

commissioner's designee may grant additional amounts on

consideration of an individual client's needs.

the manner of distribution of the assistance. On agreement of the

person with a disability or the head of the family, as

appropriate, the department may distribute the assistance

directly to the client or to a qualified program or provider of

services serving the client.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.006. SELECTION OF PROGRAMS OR PROVIDERS. (a) Each

client may select the client's program or provider of services,

except that the client may select only a program or provider that

complies with department standards.

(b) The department shall require each program or provider to

comply with department standards relating to the provision of

support services and may disapprove payments for a program or

provider that does not comply with the rules.

selecting qualified programs and services.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.007. COPAYMENT SYSTEM. The department shall establish a

copayment system with each client using a scale for payments

determined according to the client's need for financial

assistance to acquire the necessary support services and the

client's ability to pay for those services.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.008. PAYMENT RATE. (a) The department by rule shall

establish a reasonable charge for each authorized support

service.

(b) The department's liability for the cost of a support service

is limited to the amount of the charge for the service less the

amount of any copayment required from the client.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.009. CLIENT RESPONSIBILITY FOR PAYMENT. Each client

shall pay:

(1) the client's copayment;

(2) the amount of charges in excess of the amount determined by

the department to be reasonable; and

(3) the amount of charges incurred in excess of the maximum

amount of assistance authorized by this chapter to be provided by

the department.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.010. REVIEW OF CLIENT'S NEEDS. (a) The department

shall regularly review each client's needs as established by the

department.

(b) The department shall review each client's needs when there

is a change in the circumstances that were considered in

determining eligibility or the amount of the required copayment.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.011. NOTIFICATION OF CHANGE IN CIRCUMSTANCES. The

department shall require each client to notify the department of

a change in circumstances that were considered in determining

eligibility or the amount of the required copayment.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

Sec. 35.012. CRIMINAL PENALTY. (a) A person commits an offense

if the person, in obtaining or attempting to obtain assistance

under this chapter for himself or another person:

(1) makes or causes to be made a statement or representation the

person knows to be false; or

(2) solicits or accepts any assistance for which the person

knows that the person for whom the solicitation is made is not

eligible.

(b) An offense under this section is a felony of the third

degree.

Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1,

1989.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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