Aging and Disability Services Council Sharon Swift Butterworth ...

are not limited to, 24-hour supervision, meals, transportation, and social and recreational
activities (e.g., Intermediate Care Facility for Persons with Mental Retardation (ICF/MR), state
mental retardation facility, nursing facility);
(iii) an inpatient facility (e.g., state mental health facility, general or psychiatric
hospital); or
(iv) an assisted living facility.
(3) Financial factor.
(A) The financial factor is based on the current gross income of:
(i) the person who is 18 years of age or older and the person's spouse, if any; or
(ii) the parents of a person who is under 18 years of age.
(B) A person or family applying for assistance meets the requirements of the financial
factor if the current gross income is less than 150% of the current Texas median income level, as
determined by appropriate documentation (e.g., previous year's federal income tax return, current
pay stubs).
(C) A person or family whose income is at or below the median income level for the
family size has no co-payment. A person who receives Supplemental Security Income (SSI) has
no co-payment. A person or family whose income is at or greater than 105% of the median
income level is assessed a co-payment. The co-payment percentage begins at 10% of the cost of
the item and increases in 10% increments until 100% of the cost of item is reached, at which
point the income is 150% of the median income level and the person or family is not eligible.
(4) Need factor.
(A) The person or family may not be receiving funds through the other In-Home and
Family Support Program that serves persons with a physical disability pursuant to the Texas
Human Resources Code, Chapter 35, and the person may not be enrolled in a Medicaid waiver
program except the Texas Home Living Program or Medically Dependent Children Program.
(B) The person or family must have a need that can be met with an item:
(i) that is listed in §1.405 of this subchapter (relating to Provision of Assistance);
(ii) that meets the criteria described in §1.404(a) of this subchapter (relating to In-
Home and Family Support-Mental Retardation Program--Criteria, Purpose, and Limitations); and
(iii) that is not currently available from any other support program.
(b) The MRA staff may provide assistance to a person or family in an emergency (as defined)
without first determining if the person meets every eligibility factor. Assistance provided in an
emergency is limited to the extent necessary to resolve that emergency.]
[§1.409. Administrative Implementation.
(a) Applying for assistance. A family, or a person with a mental disability who lives
independently, may apply for assistance.
(b) Determining eligibility. Within 30 days after a person or family applies for assistance, the
MRA must determine if the person is eligible for assistance in accordance with §1.407 of this
subchapter (relating to Eligibility Determination). The person or family must provide all
necessary information for the MRA to determine eligibility in a timely manner.
(c) Waiting list. If IHFS-MR Program funds are not available on a person's date of eligibility,
then the person's name is placed on a waiting list in chronological order according to a person's
date of eligibility as defined in §1.403(4) of this subchapter (relating to Definitions). If more than
one person has the same date of eligibility, then chronological order is further based on the date
- 7 -