Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 853 - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Subchapter A - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND › Section 853.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions contained in Texas Labor
					 Code §
										352.001,
					 34 CFR §
											361.5, and §
										856.3 of this title (relating to
					 Definitions) of the Agency's Vocational Rehabilitation Division rules, the
					 following words and terms, when used in this chapter, shall have the following
					 meanings:
(1) Act--The Rehabilitation
				  Act of 1973, as amended (29
				  USC 701 et seq.).
(2) Adjusted income--The dollar amount that
				  is equal to a household's annual gross income, minus allowable
				  deductions.
(3) Applicant--An
				  individual who applies for Older Individuals Who Are Blind (OIB)
				  services.
(4) Attendant care--A
				  personal assistance service provided to an individual with significant
				  disabilities to aid in performing essential personal tasks, such as bathing,
				  communicating, cooking, dressing, eating, homemaking, toileting, and
				  transportation.
(5) Blind--An
				  individual having not more than 20/200 visual acuity in the better eye with
				  correcting lenses or visual acuity greater than 20/200 but with a limitation in
				  the field of vision such that the widest diameter of the visual field subtends
				  an angle no greater than 20 degrees.
(6) Center for Independent Living (CIL)--Has
				  the meaning assigned by §702 of the Act (29 USC §
											796a).
(7) Client Assistance Program (CAP)--A
				  federally funded program under 34 CFR Part 370 that provides information,
				  assistance, and advocacy for individuals with disabilities who are seeking or
				  receiving services from programs funded under the Act. In Texas, the designated
				  agency is Disability Rights Texas (DRTx).
(8) Comparable services or benefits--Services
				  and benefits that are provided or paid for, in whole or part, by other federal,
				  state, or local public programs, or by health insurance, third-party payers, or
				  other private sources.
(9)
				  Customer--An individual who is eligible for and receiving OIB services under
				  this chapter.
(10) Customer
				  participation system--The system for determining and collecting the financial
				  contribution that a customer may be required to pay for receiving OIB
				  services.
(11) Customer
				  representative--Any individual chosen by a customer, including the customer's
				  parent, guardian, other family member, or advocate. If a court has appointed a
				  guardian or representative, that individual is the customer's
				  representative.
(12) Federal
				  Poverty Guidelines--The poverty guidelines updated periodically in the
Federal Register
by the US Department of Health and Human
				  Services under the authority of
				  42 USC §
											9902(2), found at
				  https://aspe.hhs.gov/poverty-guidelines.
(13) Independent Living Plan (ILP)--A written
				  plan in which the customer and OIB staff have collaboratively identified the
				  services that the customer needs to achieve the goal of living
				  independently.
(14) Low vision--A
				  condition of having a visual acuity not more than 20/70 in the better eye with
				  correcting lenses, or visual acuity greater than 20/70 but with a limitation in
				  the field of vision such that the widest diameter of the visual field subtends
				  an angle no greater than 30 degrees, or having a combination of both.
(15) Older Individuals Who Are Blind
				  (OIB)--The independent living services program that serves individuals ages 55
				  and over who are blind or visually impaired.
(16) Significant disability--A significant
				  physical, mental, cognitive, or sensory impairment that substantially limits an
				  individual's ability to function independently in the family or
				  community.
(17) Significant visual
				  impairment--A disease or condition of the eye that does not meet the
				  definitions of Blind or Low Vision but does create a significant impediment to
				  independent living and cannot be corrected with glasses or contact
				  lenses.
(18) Transition
				  services--Services that:
(A) facilitate the
				  transition of individuals with significant disabilities from nursing homes and
				  other institutions to home and community-based residences, with the requisite
				  supports and services; and
(B)
				  provide assistance to individuals with significant disabilities who are at risk
				  of entering institutions so that the individuals may remain in the
				  community.