(a) To be eligible for independent living services, a consumer must:
  (1) have a significant disability as defined in §104.105(24) of this chapter (relating to Definitions); and
  (2) be present in Texas.
(b) Eligibility is determined by the service provider, based on the documented diagnosis of a licensed practitioner.
(c) Under Texas Government Code §531.02002, §531.02014, and Texas Labor Code §351.002, consumers who are determined to be eligible for independent living services on or before August 31, 2016, remain eligible on September 1, 2016, and are considered grandfathered under the former DARS independent living program and do not need to reapply for independent living services to the respective receiving agency on September 1, 2016.
(d) Eligibility requirements are applied without regard to a person's age, color, creed, gender, national origin, race, religion, or length of time present in Texas.
(e) Once a consumer is determined to be eligible for services, the service provider:
  (1) notifies the consumer or the consumer's representative in writing about the consumer's fee for service, as described in §104.401 of this chapter (relating to Consumer Participation System); and
  (2) verifies the benefits of all consumers who may be covered for independent living services by comparable services or benefits, as provided under this chapter, and maintains all related documentation.
(f) If a service provider determines that a consumer is not eligible based on the criteria explained in this section, the service provider documents the determination of ineligibility and provides DARS with a copy that is signed and dated by the service provider's executive director or designee.
  (1) The service provider may determine a consumer to be ineligible for independent living services only after consultation with the consumer or after providing a clear opportunity for consultation.
  (2) The service provider notifies the consumer in writing of the action taken and informs the consumer about the consumer's rights and the means by which the consumer may appeal the action taken or file a complaint.
  (3) The service provider refers the consumer to other agencies and facilities, if appropriate, including referring the consumer to the State's vocational rehabilitation program.
  (4) If a service provider determines that a consumer is ineligible for independent living services, the service provider reviews the consumer's status again within 12 months of the determination and whenever the service provider determines that the consumer's status has materially changed.
  (5) A review of an ineligibility determination need not be conducted if the consumer has refused one, the consumer is no longer present in Texas, or the consumer's whereabouts are unknown.

Source Note: The provisions of this §357.305 adopted to be effective August 31, 2016, 41 TexReg 6066; transferred effective March 15, 2021, as published in the Texas Register February 26, 2021, 46 TexReg 1387