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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION |
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Chapter 535. SUPPORT SERVICES |
Sec. 535.003. ELIGIBILITY
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(a) A family, or a person with a mental disability who lives independently, may apply for assistance.
(b) The department's rules must provide that an applicant for assistance is eligible to receive assistance if the applicant resides in this state and meets the department's eligibility criteria for income and need. In addition, a person with a mental disability who lives independently must be 18 years of age or older.
(c) The department shall determine eligibility and the need for support services from the results of current evaluations, program plans, and medical reports. Those documents shall be provided to the department on request. The department, if it considers necessary, may require and shall provide any additional evaluations.
(d) The department shall determine the applicant's needs and the support services for which the applicant is eligible after consulting with the applicant.
(e) In determining eligibility for support services under this chapter, the department shall determine if the applicant is eligible to receive the services from other support programs and may deny the application if it determines that the applicant is eligible to receive services that are available from another support program. If the department denies the application, the department shall provide to the applicant information on and referral to the appropriate support program.
(f) A local or state agency may not consider assistance received under this chapter in determining eligibility for another support program unless that consideration is required by federal regulations.
(g) The department shall provide the applicant an opportunity for a hearing to contest the denial of an application.