Section 278.7 - Functional Eligibility(a) Applicants must meet the definition of disabilities specified in the Human Resources Code, Chapter 35.(b) The applicant or responsible party must sign the IH/FSP disabilties screening instrument.(c) The applicant must give permission to obtain verification of the diagnosis, limitations, and prognosis of his disability through either a signed physician's statement or clinical, educational, medical, diagnostic, and evaluation records. If clinical, educational, medical, diagnostic, or evaluation records are questionable or do not clearly establish the disability, a signed physician's statement must be provided.(d) Individuals who reside in intermediate care facilities, skilled nursing facilities, personal care homes, ICF-MR/RC facilities, board and care homes, or DHS foster homes with four or more adults are not eligible for IH/FSP services. Individuals who reside in DHS foster homes which care for three or more minors that are under the department's temporary or permanent managing conservatorship are eligible for IH/FSP services.(e) An applicant may not receive IH/FSP services if he is receiving the same services from another support program. If he is eligible for another program's services and not receiving them, the applicant must provide documentation to the caseworker as to why the services are not being provided from the other program.26 Tex. Admin. Code § 278.7
Transferred from 40 TAC § 48.2704 Texas Register, Volume 49, Number 23, June 7, 2024, TexReg 4061, eff. 6/28/2024