40 Tex. Admin. Code § 853.5 - Eligibility

(a) To be eligible for OIB, a customer must:

(1) be age 55 or older;

(2) be blind or have low vision or a significant visual impairment, as defined in § 853.1, of this subchapter (relating to Definitions);

(3) be an individual for whom independent living goals are feasible; and

(4) be present in Texas.

(b) Eligibility for blindness, low vision, or a significant visual impairment is determined by OIB staff based on the documented diagnosis of a licensed practitioner.

(c) Individuals shall establish eligibility through existing data and information, including, but not limited to, medical records and information used by the Social Security Administration. The information may be obtained from the applicant, the applicant's family members, or the applicant's representative. OIB staff may assist in locating or obtaining existing documentation.

(d) The Agency shall substantively evaluate the documentation and application to determine whether eligibility requirements are met.

(e) OIB staff shall endeavor to make an eligibility determination within 60 days from the time a completed and signed application for services has been received. The eligibility determination is conditional on the applicant's availability to complete the assessment process, as set forth in § 853.4(3) of this subchapter (relating to Application). When an applicant is unavailable to complete such assessment process in a timely manner due to unforeseen circumstances, which may include, but are not limited to, medical conditions or hospitalizations, the 60-day period shall be abated until the applicant is available to complete the necessary assessment process to determine eligibility.

(f) Eligibility cannot be established unless and until all required elements under subsection (a) of this section have been completed and documented, including any assessment to establish eligibility.

(g) Eligibility requirements are applied without regard to an individual's age, color, creed, gender, national origin, race, religion, or length of time present in Texas.

Notes

40 Tex. Admin. Code § 853.5

The provisions of this §853.5 adopted to be effective August 21, 2018, 43 TexReg 5392; Adopted by Texas Register, Volume 43, Number 33, August 17, 2018, TexReg 5394, eff. 8/21/2018; Amended by Texas Register, Volume 49, Number 18, May 3, 2024, TexReg 3015, eff. 5/6/2024