(a) The Agency shall determine whether comparable services or benefits are available to the customer under any other program and if comparable services or benefits are available to the customer under any other program, the customer shall use those benefits first. This includes services that are included under the customer's medical and dental insurance, including government insurance.
(b) The Agency shall not make this determination in cases in which comparable services or benefits exist under any other program, but are not available to the customer at the time needed, and:
  (1) determining the availability of comparable services and benefits under any other program would delay the provision of services to customers who could be at medical risk, based on medical evidence provided by an appropriate, qualified medical professional; or
  (2) the determination would interrupt or delay progress toward achieving the goals in the ILP.

Source Note: The provisions of this §853.22 adopted to be effective August 21, 2018, 43 TexReg 5392