Aging and Disability Services Council Sharon Swift Butterworth ...

(B) whose family intends to apply for or has applied for assistance.
(18) Pervasive developmental disorder--A disorder beginning in childhood, including autism,
that meets the criteria for pervasive developmental disorder established in the most recent edition
of the Diagnostic and Statistical Manual (DSM).
(19) Physical disability--A physical impairment that:
(A) is likely to continue indefinitely;
(B) results in substantial functional limitations in one or more of the following areas of
major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for independent living; and
(vii) economic self-sufficiency; and
(C) reflects the need for care, treatment, services or supports, which are of lifelong or
extended duration and which are individually planned and coordinated.
(20) Recipient--A person or family who is receiving assistance.
(21) Third-party resource--Funding available to a person or family (e.g., public or private
insurance, foster care reimbursements, trust, court settlement) that is not from any other support
program.]
[§1.404. In-Home and Family Support-Mental Retardation Program--Criteria, Purpose,
and Limitations.
(a) The IHFS-MR Program, developed pursuant to the Texas Health and Safety Code,
Chapter 535, provides assistance to an eligible person or family to spend on an item that meets
the criteria in this subsection.
(1) The item must meet a need that exists solely because of the person's mental disability
or co-occurring physical disability and the item must:
(A) directly support the person to live in his or her natural home;
(B) integrate the person into the community; or
(C) promote the person's self-sufficiency.
(2) The item must not be paid for in full or reimbursed in full by a third-party resource.
(b) The IHFS-MR Program provides assistance to eligible persons and families in accordance
with this subchapter and to the extent funds are available.
(c) The IHFS-MR Program does not provide assistance solely to improve the living
conditions of eligible persons or families living at or below the poverty level. Assistance is
neither an entitlement nor an income supplement.
(d) The IHFS-MR Program is a program of last resort; therefore, assistance may not be used
to replace items available to an eligible person or family through any other support program or
third-party resource.
(e) Assistance may be used to augment items provided through any other support program or
paid for or reimbursed by a third-party resource except assistance may not be used to augment
items that are available to a person through the Texas Home Living Program or Medically
Dependent Children Program. For an eligible person enrolled in the Texas Home Living Program
or Medically Dependent Children Program, assistance may be used to acquire an item only if the
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