To be eligible for day activity and health services (DAHS), an applicant or client must:
  (1) be Medicaid eligible or meet the income and resource guidelines established in §§48.2902, 48.2903, 48.2922, and 48.2923 of this chapter (relating to Income and Income Eligibles; Determination of Countable Income; Resource Limits; and Countable Resources);
  (2) have an unmet need for DAHS as determined by DADS;
  (3) while receiving DAHS, not receive a service that is identified as being mutually exclusive to DAHS in the Mutually Exclusive Services table in Appendix XX of the Case Manager Community Care for Aged and Disabled Handbook available at www.dads.state.tx.us;
  (4) have a chronic medical diagnosis and physician's orders for DAHS on the DADS Day Activity and Health Services (DAHS) Physician's Orders form; and
  (5) have one or more functional limitations and the potential for receiving therapeutic benefit from DAHS as determined by DADS review of the Day Activity and Health Services (DAHS) Health Assessment/Individual Service Plan form completed in accordance with §98.203 of this title (relating to Written Referrals for Services) or §98.204 of this title (relating to DAHS Facility-Initiated Referrals).

Source Note: The provisions of this §271.77 adopted to be effective August 31, 2004, 29 TexReg 8376; amended to be effective May 23, 2016, 41 TexReg 3749; transferred effective September 15, 2023, as published in the August 18, 2023, issue of the Texas Register, 48 TexReg 4523