1. (a) Except as otherwise provided for in these sections, to be eligible to receive program services, an individual must:

   1. (1) have a confirmed diagnosis of a disorder screened by the program;
   2. (2) be a bona fide resident of the state;
   3. (3) except as expressly permitted in these sections, remain in the State of Texas during the receipt of services;
   4. (4) have a family income that is within the financial guidelines set by these sections;
   5. (5) if required, tender financial participation payments in a timely manner;
   6. (6) upon request from the program provide updated medical, financial, and residency information and/or documentation; and
   7. (7) agree to abide by the requirements in these sections.
2. (b) An individual is not eligible to receive services from the program at no cost or reduced cost to the extent that the individual or the parent, managing conservator, guardian, or other person with a legal obligation to support the individual is eligible for some other benefit, such as Medicaid, Children With Special Health Care Needs (CSHCN), Children's Health Insurance Plan (CHIP) or private insurance, that would pay for all or part of the services.

3. (c) The department may waive ineligibility if the department finds that:

   1. (1) good cause for the waiver is shown; and
   2. (2) enforcement of the requirement would tend to disrupt the administration or prevent the provision of services to an otherwise eligible recipient.

Source Note:The provisions of this §37.61 adopted to be effective February 2, 1989, 13 TexReg 6268; amended to be effective May 16, 1994, 19 TexReg 3369; amended to be effective December 17, 2002, 27 TexReg 11744.