HUMAN RESOURCES CODE
CHAPTER 35. SUPPORT SERVICES FOR PERSONS WITH DISABILITIES
§ 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
(C) support provided by public or private funds
for persons with 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The department shall determine the applicant's needs
and the 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, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 76, § 17, eff. Sept. 1,
1991.
§ 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.
(c) The department's duty to provide assistance under this
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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The department shall consult with the client to
determine 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) The department shall assist each client in locating and
selecting qualified programs and services.
Added by Acts 1989, 71st Leg., ch. 1208, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
