(a) This subchapter applies to an MRA for community services contracted for through the performance contract that the MRA provides directly or through a subcontractor to a member of the MR priority population. This subchapter also applies to an adult person in the MR priority population and a parent of a person under age 18 years in the MR priority population.     
      (b) This subchapter does not apply to:      
        (1) a program or service that is prohibited by statute or regulation from charging a fee to a person served;       
        (2) the DADS In-Home and Family Support Program--Mental Retardation;       
        (3) residential services as described in the performance contract; and       
        (4) specialized services mandated by the Omnibus Budget Reconciliation Act (OBRA) of 1987, as amended by OBRA 90, for a preadmission screening and resident review (PASARR) provided to a non-Medicaid eligible person.       
     Source Note:        The provisions of this §2.102 adopted to be effective September 1, 2002, 27 TexReg 2041; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective November 1, 2007, 32 TexReg 7494