2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 535. SUPPORT SERVICES  

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL

RETARDATION

CHAPTER 535. SUPPORT SERVICES

Sec. 535.001. DEFINITIONS. In this chapter:

(1) "Assistance" means a subsidy granted by the department to

provide support services to a client.

(2) "Client" means a person with a mental disability who lives

independently or a family who receives assistance under this

chapter.

(3) "Family" means a group that consists of a person with a

mental disability and that person's parent, sibling, spouse,

child, or legal guardian. The group may include others.

(4) "Legal guardian" means a person appointed by a court of

competent jurisdiction to exercise powers over a person with a

mental disability.

(5) "Mental illness" has the meaning assigned by Section

571.003.

(6) "Mental retardation" has the meaning assigned by Section

591.003.

(7) "Other support programs" means:

(A) all forms of local, state, or federal support services other

than assistance;

(B) contract programs; or

(C) support services provided by public or private funds for

persons with mental disabilities or their families.

(8) "Parent" means a natural, foster, surrogate, or adoptive

parent.

(9) "Person with a mental disability" means:

(A) a person with mental illness;

(B) a person with mental retardation;

(C) a person with a pervasive developmental disorder; or

(D) a person younger than four years of age who is eligible for

early childhood intervention services.

(10) "Pervasive developmental disorder" means a disorder that

begins in childhood and that meets the criteria for a pervasive

developmental disorder established in the Diagnostic and

Statistical Manual, Edition III-R.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(b),

eff. Sept. 1, 2001.

Sec. 535.002. ADOPTION OF RULES AND IMPLEMENTATION OF PROGRAM.

(a) The department shall adopt rules, procedures, guidelines,

and standards to implement and administer this chapter,

including:

(1) procedures and guidelines for determining eligibility

standards relating to financial qualifications and the need for

services and for determining eligibility criteria for selecting

clients;

(2) standards and procedures for approving qualified programs

and support services;

(3) procedures for conducting a periodic review of clients;

(4) procedures and guidelines for determining when assistance

duplicates other support programs or results in excessive support

to a client;

(5) rules establishing reasonable payment rates for qualified

programs and support services under this chapter; and

(6) rules establishing a copayment system in accordance with

Section 535.009.

(b) If feasible and economical, the department may use local

mental health and mental retardation authorities to implement

this chapter. However, the department may not designate a local

mental health or mental retardation authority as a provider of

services if other providers are available.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(c),

eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.82A,

eff. Sept. 1, 2006.

Sec. 535.003. ELIGIBILITY. (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.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(d),

eff. Sept. 1, 2001.

Sec. 535.004. PROVISION OF ASSISTANCE AND SUPPORT SERVICES. (a)

The department shall provide assistance to compensate a client

for present and future expenses incurred to maintain in the

community a family member with a mental disability or a person

with a mental disability who lives independently, including:

(1) the purchase or lease of special equipment or architectural

modifications of a home to improve or facilitate the care,

treatment, therapy, general living conditions, or access of the

person with a mental disability;

(2) medical, surgical, therapeutic, diagnostic, and other health

services related to the person's mental disability;

(3) counseling or training programs that assist a family in

providing proper care for the family member with a mental

disability or assist the person with a mental disability who

lives independently, and that provide for the special needs of

the family or person;

(4) attendant care, home health aid services, homemaker

services, and chore services that provide support with training,

routine body functions, dressing, preparation and consumption of

food, and ambulation;

(5) respite support for a family that is the client;

(6) transportation services for the person with a mental

disability; and

(7) transportation, room, and board costs incurred by the family

or the person with a mental disability during evaluation or

treatment of the person with a mental disability that have been

preapproved by the department.

(b) The department by rule may add services and programs for

which the department may provide assistance.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 535.005. SUPPORT SERVICES FOR CERTAIN CLIENTS. The

department may contract with the Texas Department of Human

Services to provide support services to clients of the Texas

Department of Human Services who are mentally disabled and

eligible to receive assistance under this chapter.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(e),

eff. Sept. 1, 2001.

Sec. 535.006. LIMITATION OF DUTY. The department's duty to

provide assistance under this chapter is determined and limited

by the funds specifically appropriated to administer this

chapter.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(f),

eff. Sept. 1, 2001.

Sec. 535.007. PAYMENT OF ASSISTANCE. (a) The department may

grant assistance of not more than $3,600 a year to a client. The

department may distribute the assistance periodically or in a

lump sum, according to the client's needs. The commissioner or

the commissioner's designee may grant additional amounts on

consideration of an individual client's needs.

(b) In addition to the assistance authorized by Subsection (a),

the department may award to a client a one-time grant of

assistance of not more than $3,600 for architectural renovation

or other capital expenditure to improve or facilitate the care,

treatment, therapy, general living conditions, or access of a

person with a mental disability. The commissioner or the

commissioner's designee may individually grant additional amounts

to clients.

(c) The department shall consult with the client to determine

the manner of distribution of the assistance. On agreement of the

person with a mental disability or the head of the family, as

appropriate, the department may distribute the assistance

directly to the client or to a qualified program or provider of

services serving the client.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 535.008. SELECTION OF PROGRAMS OR PROVIDERS. (a) Each

client may select the client's program or provider of services,

except that the client may select only a program or provider that

complies with the department's support services standards.

(b) The department shall require each program or provider to

comply with the department's support services standards relating

to the provision of support services and may disapprove payments

to a program or provider that does not comply with the rules.

(c) The department shall assist each client in locating and

selecting qualified programs and services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 535.009. COPAYMENT SYSTEM. The department shall establish

a copayment system with each client using a sliding scale for

payments determined according to:

(1) the client's need for assistance to acquire the necessary

support services; and

(2) the client's ability to pay for those services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 535.010. CHARGE. (a) The department by rule shall

establish a reasonable charge for each authorized support

service.

(b) The department's liability for the cost of a support service

is limited to the amount of the charge established by the

department for the service less the amount of any copayment

required from the client.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 535.011. CLIENT RESPONSIBILITY FOR PAYMENT. Each client

shall pay:

(1) the client's required copayment; and

(2) the amount of charges in excess of the amount the department

establishes for the service or the amount incurred in excess of

the maximum amount of assistance authorized by this chapter to be

provided by the department.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(g),

eff. Sept. 1, 2001.

Sec. 535.012. REVIEW OF CLIENT'S NEEDS. (a) The department

shall regularly review each client's needs as established by the

department.

(b) The department shall review each client's needs when there

is a change in the circumstances that were considered in

determining eligibility or the amount of the required copayment.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 535.013. NOTIFICATION OF CHANGE IN CIRCUMSTANCES. The

department shall require each client to notify the department of

a change in circumstances that were considered in determining

eligibility or the amount of the required copayment.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 535.014. CRIMINAL PENALTY. (a) A person commits an

offense if the person, in obtaining or attempting to obtain

assistance under this chapter for himself or another person:

(1) makes or causes to be made a statement or representation the

person knows to be false; or

(2) solicits or accepts any assistance for which the person

knows he, or the person for whom the solicitation is made, is not

eligible.

(b) An offense under this section is a felony of the third

degree.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.005(h),

eff. Sept. 1, 2001.