Section 261.236 - Eligibility Criteria(a) To be eligible for the ICF/MR Program, a person must: (1) meet the LOC I or LOC VIII criteria described in § 261.238 of this chapter (relating to Level of Care I Criteria) and § 261.239 of this chapter (relating to Level of Care VIII Criteria);(2) be in need of and able to benefit from the active treatment provided in the 24-hour supervised residential setting of an ICF/MR; and(3) be eligible for Supplemental Security Income (SSI) or be determined by TDHS to be financially eligible for Medicaid.(b) Circumstances under which a person is not in need of and able to benefit from active treatment include when the person: (1) has been diagnosed by a licensed physician as having "brain death";(2) does not respond in any way to the living environment;(3) has a health condition that prevents participation in active treatment; or(4) is generally able to function with little supervision or without a program of continuous active treatment.26 Tex. Admin. Code § 261.236
Adopted to be effective September 1, 2001, 26 TexReg 5384; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; Transferred from Title 40, § 9.236 by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6127, eff. 10/1/2020