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
(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, 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.
(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, 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.
(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, 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.
(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, 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.
(c) The department shall assist each client in locating and
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.