In addition to the definitions contained in Texas Labor Code §352.001, 34 CFR §361.5, and §856.3 of this title (relating to Definitions) of the Agency's Vocational Rehabilitation Division rules, the following words and terms, when used in this chapter, shall have the following meanings:
  (1) Act--The Rehabilitation Act of 1973, as amended (29 USC 701 et seq.).
  (2) Adjusted income--The dollar amount that is equal to a household's annual gross income, minus allowable deductions.
  (3) Applicant--An individual who applies for Older Individuals Who Are Blind (OIB) services.
  (4) Attendant care--A personal assistance service provided to an individual with significant disabilities to aid in performing essential personal tasks, such as bathing, communicating, cooking, dressing, eating, homemaking, toileting, and transportation.
  (5) Blind--An individual having not more than 20/200 visual acuity in the better eye with correcting lenses or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
  (6) Center for Independent Living (CIL)--Has the meaning assigned by §702 of the Act (29 USC §796a).
  (7) Client Assistance Program (CAP)--A federally funded program under 34 CFR Part 370 that provides information, assistance, and advocacy for individuals with disabilities who are seeking or receiving services from programs funded under the Act. In Texas, the designated agency is Disability Rights Texas (DRTx).
  (8) Comparable services or benefits--Services and benefits that are provided or paid for, in whole or part, by other federal, state, or local public programs, or by health insurance, third-party payers, or other private sources.
  (9) Customer--An individual who is eligible for and receiving OIB services under this chapter.
  (10) Customer participation system--The system for determining and collecting the financial contribution that a customer may be required to pay for receiving OIB services.
  (11) Customer representative--Any individual chosen by a customer, including the customer's parent, guardian, other family member, or advocate. If a court has appointed a guardian or representative, that individual is the customer's representative.
  (12) Federal Poverty Guidelines--The poverty guidelines updated periodically in the Federal Register by the US Department of Health and Human Services under the authority of 42 USC §9902(2), found at https://aspe.hhs.gov/poverty-guidelines.
  (13) Independent Living Plan (ILP)--A written plan in which the customer and OIB staff have collaboratively identified the services that the customer needs to achieve the goal of living independently.
  (14) Low vision--A condition of having a visual acuity not more than 20/70 in the better eye with correcting lenses, or visual acuity greater than 20/70 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 30 degrees, or having a combination of both.
  (15) Older Individuals Who Are Blind (OIB)--The independent living services program that serves individuals ages 55 and over who are blind or visually impaired.
  (16) Significant disability--A significant physical, mental, cognitive, or sensory impairment that substantially limits an individual's ability to function independently in the family or community.
  (17) Significant visual impairment--A disease or condition of the eye that does not meet the definitions of Blind or Low Vision but does create a significant impediment to independent living and cannot be corrected with glasses or contact lenses.
  (18) Transition services--Services that:
    (A) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services; and
    (B) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community.

Source Note: The provisions of this §853.1 adopted to be effective August 21, 2018, 43 TexReg 5392; amended to be effective May 6, 2024, 49 TexReg 3014