CHAPTER 535. SUPPORT SERVICES
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
RETARDATION
CHAPTER 535. SUPPORT SERVICES
Sec. 535.001. DEFINITIONS. In this chapter:
(1) "Assistance" means a subsidy granted by the department to
provide support services to a client.
(2) "Client" means a person with a mental disability who lives
independently or a family who receives assistance under this
chapter.
(3) "Family" means a group that consists of a person with a
mental disability and that person's parent, sibling, spouse,
child, or legal guardian. The group may include others.
(4) "Legal guardian" means a person appointed by a court of
competent jurisdiction to exercise powers over a person with a
mental disability.
(5) "Mental illness" has the meaning assigned by Section
571.003.
(6) "Mental retardation" has the meaning assigned by Section
591.003.
(7) "Other support programs" means:
(A) all forms of local, state, or federal support services other
than assistance;
(B) contract programs; or
(C) support services provided by public or private funds for
persons with mental disabilities or their families.
(8) "Parent" means a natural, foster, surrogate, or adoptive
parent.
(9) "Person with a mental disability" means:
(A) a person with mental illness;
(B) a person with mental retardation;
(C) a person with a pervasive developmental disorder; or
(D) a person younger than four years of age who is eligible for
early childhood intervention services.
(10) "Pervasive developmental disorder" means a disorder that
begins in childhood and that meets the criteria for a pervasive
developmental disorder established in the Diagnostic and
Statistical Manual, Edition III-R.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(b),
eff. Sept. 1, 2001.
Sec. 535.002. ADOPTION OF RULES AND IMPLEMENTATION OF PROGRAM.
(a) The department shall adopt rules, procedures, guidelines,
and standards 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;
(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) rules establishing reasonable payment rates for qualified
programs and support services under this chapter; and
(6) rules establishing a copayment system in accordance with
Section 535.009.
(b) If feasible and economical, the department may use local
mental health and mental retardation authorities to implement
this chapter. However, the department may not designate a local
mental health or mental retardation authority as a provider of
services if other providers are available.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(c),
eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.82A,
eff. Sept. 1, 2006.
Sec. 535.003. ELIGIBILITY. (a) A family, or a person with a
mental disability who lives independently, may apply for
assistance.
(b) 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. In addition, a person with a mental
disability who lives independently must be 18 years of age or
older.
(c) The department shall determine eligibility and the need 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, may require and shall provide any additional
evaluations.
(d) The department shall determine the applicant's needs and the
support services for which the applicant is eligible after
consulting with the applicant.
(e) 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 and
may deny the application if it determines that the applicant is
eligible to receive services that are available from another
support program. If the department denies the application, the
department shall provide to the applicant information on and
referral to the appropriate support program.
(f) 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.
(g) The department shall provide the applicant an opportunity
for a hearing to contest the denial of an application.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(d),
eff. Sept. 1, 2001.
Sec. 535.004. PROVISION OF ASSISTANCE AND SUPPORT SERVICES. (a)
The department shall provide assistance to compensate a client
for present and future expenses incurred to maintain in the
community a family member with a mental disability or a person
with a mental disability who lives independently, 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 the
person with a mental disability;
(2) medical, surgical, therapeutic, diagnostic, and other health
services related to the person's mental disability;
(3) counseling or training programs that assist a family in
providing proper care for the family member with a mental
disability or assist the person with a mental disability who
lives independently, and that provide for the special needs of
the family or person;
(4) attendant care, home health aid 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 that is the client;
(6) transportation services for the person with a mental
disability; and
(7) transportation, room, and board costs incurred by the family
or the person with a mental disability during evaluation or
treatment of the person with a mental 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.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 535.005. SUPPORT SERVICES FOR CERTAIN CLIENTS. The
department may contract with the Texas Department of Human
Services to provide support services to clients of the Texas
Department of Human Services who are mentally disabled and
eligible to receive assistance under this chapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(e),
eff. Sept. 1, 2001.
Sec. 535.006. LIMITATION OF DUTY. The department's duty to
provide assistance under this chapter is determined and limited
by the funds specifically appropriated to administer this
chapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(f),
eff. Sept. 1, 2001.
Sec. 535.007. PAYMENT OF ASSISTANCE. (a) The department may
grant assistance of not more than $3,600 a year to a client. The
department may distribute the assistance periodically or in a
lump sum, 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),
the department may award to a client a one-time 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 mental disability. The commissioner or the
commissioner's designee may individually grant additional amounts
to clients.
(c) The department shall consult with the client to determine
the manner of distribution of the assistance. On agreement of the
person with a mental 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 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 535.008. 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 the department's support services standards.
(b) The department shall require each program or provider to
comply with the department's support services standards relating
to the provision of support services and may disapprove payments
to 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 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 535.009. COPAYMENT SYSTEM. The department shall establish
a copayment system with each client using a sliding scale for
payments determined according to:
(1) the client's need for assistance to acquire the necessary
support services; and
(2) the client's ability to pay for those services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 535.010. CHARGE. (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 established by the
department for the service less the amount of any copayment
required from the client.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 535.011. CLIENT RESPONSIBILITY FOR PAYMENT. Each client
shall pay:
(1) the client's required copayment; and
(2) the amount of charges in excess of the amount the department
establishes for the service or the amount incurred in excess of
the maximum amount of assistance authorized by this chapter to be
provided by the department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(g),
eff. Sept. 1, 2001.
Sec. 535.012. 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 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 535.013. 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 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 535.014. 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 he, or 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 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(h),
eff. Sept. 1, 2001.