(a) The In-Home and Family Support Program (IH/FSP) service subsidy and capital expenditure cash grant must be used only for allowable goods, supplies, or services that specifically and directly relate to the care of the person with a physical disability.
(b) To participate in the IH/FSP, an applicant or his responsible party must agree in writing to provide receipts for all services, goods, or supplies purchased with program funds and the amount of copayment, if applicable. If an applicant refuses to sign the agreement, his application for program services is denied.
(c) The applicant must agree to submit receipts for service subsidy funds, and the copayment amount, if any, at intervals designated by the Texas Department of Human Services (DHS) during the 12-month certification period. A one-time submittal of receipts is required for the capital expenditure grant. If the applicant fails to furnish the required receipts, he is denied eligibility and may be required to make restitution for amounts for which there are no receipts. The receipts that are returned to verify how the program funds were spent must be approved allowable purchases and must not be dated prior to the date the individual was certified as eligible for the IH/FSP. Receipts are due within six months from date of approved certification. The receipts must:
  (1) include specifications of modification/renovation, equipment or services to be purchased.
  (2) include date item delivered/purchased.
  (3) include vendor's name and identifying information;
  (4) be marked paid.
  (5) be an original;
  (6) be for items or services provided after the date of certification or eligibility determination.
(d) Applicants must be residents of Texas and must live in a community-based setting, or they must live in a community living arrangement within 60 days from the date the case is assigned to the IH/FSP caseworker.
(e) Clients are limited to the maximum grants set by DHS minus their copayment amounts.
(f) Architectural modifications to leased or rented property are subsidized only if the landlord or owner submits written approval for the modifications to the department.
(g) Applicants must not receive services from both the DHS IH/FSP and the Texas Department of Mental Health and Mental Retardation (TXMHMR) IH/FSP. Individuals are served by DHS IH/FSP and TXMHMR IH/FSP according to the guidelines specified in paragraphs (1) - (3) of this subsection.
  (1) Individuals not eligible for DHS IH/FSP because of eligibility for TXMHMR IH/FSP services (Texas Health and Safety Code, Chapter 535, Subchapter A; 25 TAC §401.681 et seq) include:
    (A) individuals with mental illness as defined by the Texas Health and Safety Code, §571.003, who meet all criteria for TXMHMR IH/FSP eligibility specified in 25 TAC §401.685;
    (B) individuals with mental retardation according to the Mentally Retarded Persons Act, Texas Health and Safety Code, §591.003, who meet all criteria for TXMHMR IH/FSP eligibility specified in 25 TAC §401.685;
    (C) individuals with a pervasive developmental disorder beginning in childhood, including autism, that meets the criteria established in the most recent edition of the Diagnostic and Statistical Manual; and
    (D) individuals under four years old, with a developmental delay as defined by TXMHMR in 25 TAC §401.683 (relating to Definitions).
  (2) DHS serves individuals with physical disabilities, four years or older, who meet all other eligibility criteria, contingent upon available funds.
  (3) DHS serves individuals denied assistance by the TXMHMR IH/FSP who have physical disabilities and have been determined not to have a diagnosis of mental illness or mental retardation, or who have been denied assistance based on 25 TAC §401.685(4), if they meet all eligibility criteria for DHS's program. If no openings are available in DHS's program, the individuals will be placed on the waiting list based on the original date of request for services from TXMHMR.
(h) Individuals enrolled in the Community Living Assistance and Support Services program or the Community Based Alternatives program are not eligible to receive benefits in the IH/FSP.

Source Note: The provisions of this §278.13 adopted to be effective April 4, 1988, 13 TexReg 1393; amended to be effective May 1, 1990, 15 TexReg 1963; amended to be effective June 30, 1992, 17 TexReg 3844; amended to be effective December 1, 1992, 17 TexReg 7797; amended to be effective June 1, 1993, 18 TexReg 2857; amended to be effective April 1, 1994, 19 TexReg 1043; amended to be effective June 15, 1995, 20 TexReg 3735; amended to be effective October 1, 1995, 20 TexReg 7079; amended to be effective August 15, 1996, 21 TexReg 7061; amended to be effective September 1, 2000, 25 TexReg 6559; amended to be effectiveSeptember 1,2003, 28 TexReg 6951; transferred effective June 28, 2024, as published in the June 7, 2024, issue of the Texas Register, 49 TexReg 4061