1. (a) To be eligible for independent living services, a person must:

   1. (1) have a significant disability as defined in §357.105 of this chapter (relating to Definitions); and
   2. (2) reside in Texas.
2. (b) For purchased services, a service provider determines eligibility based on the documented diagnosis of a licensed practitioner, either at the at the time of eligibility or prior to the purchase of goods and services. For core services, a service provider may determine eligibility without a documented diagnosis.
3. (c) Eligibility requirements are applied without regard to a person's race, religion, color, national origin, disability, age, sex, or in retaliation for prior civil rights activity.

4. (d) After a service provider documents a person is eligible for services, the service provider:

   1. (1) notifies the person or the person's representative in writing about the person's fee, as described in §357.401 of this chapter (relating to Consumer Participation System);
   2. (2) verifies all potential comparable services or benefits that may be covered for independent living services, as provided under this chapter; and
   3. (3) maintains all related documentation.

5. (e) If a service provider determines that a person is ineligible based on the criteria described in this section, the service provider must document the determination of ineligibility and provide HHSC with a copy that is signed and dated by the service provider's executive director or designee.

   1. (1) A service provider may determine a person to be ineligible for independent living services only after consultation with the person or the person's representative or after providing a clear opportunity for consultation.
   2. (2) A service provider notifies a person in writing of the action taken and informs the person or the person's representative about the person's rights and the means by which the person may appeal the action taken or file a complaint.
   3. (3) A service provider refers the person to other agencies and facilities, if appropriate, including to the Texas Workforce Commission's vocational rehabilitation program.
   4. (4) If a service provider determines that a person is ineligible for independent living services, the service provider reviews the person's status again within 12 months of the determination and whenever the service provider determines that the person's status has materially changed.

   5. (5) A service provider does not conduct a review of an ineligibility determination if:

      1. (A) the person refuses one;
      2. (B) the person no longer resides in Texas; or
      3. (C) the person's whereabouts are unknown.

Source Note:The provisions of this §357.305 adopted to be effective August 31, 2016, 41 TexReg 6066; transferred effective March 15, 2021, as published in the Texas Register February 26, 2021, 46 TexReg 1387; amended to be effective June 3, 2025, 50 TexReg 3248.