Texas Register, Volume 7, Number 95, Pages 4473-4508, December 24, 1982 Page: 4,488
4473-4508 p. ; 28 cm.View a full description of this periodical.
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Texas
Register(B) The applicant may request to become a
provider for only earmolds.
(6) Requests to become a contractor shall be
reviewed by the Bureau of Maternal and Child Health
and the Vision, Hearing, and Speech Services Program.
(7) After the contractor has been approved by
the department, the two parties shall enter into a con-
tract which shall:
(A) specify the services to be performed by the
contractor;
(B) incorporate these rules and the various
Texas state laws and regulations governing the depart-
ment as a state agency; and
(C) be, for a period of one year, subject to an-
nual renewal if the contractor meets the renewal criteria.
(8) In order to renew a contract, the contractor
shall submit a letter to the department requesting con-
tinuation for a period of one year of the existing con-
tract or the contract as amended.
(9) The department will extend the contract if the
department finds that the contractor has satisfactorily per-
formed under the initial contract, and has complied with
these program rules.
37.26. Department Approval of Eligible Hearing-
Impaired Individuals.
(a) The hearing-impaired individual must meet the
following criteria to be approved to receive services in
the program:
(I) the child shall be less than 18 years of age;
and
(2) the program will serve only individuals who
are bona fide residents of Texas, i.e., a person who:
(A) is lawfully present in the United States;
(B) is physically present within the geographic
boundaries of the State of Texas;
(C) has an intent to remain within the state,
either permanently or for an indefinite period; and
(D) actually maintains an abode (i.e., house,
apartment, etc., but not merely a post office box) within
this state; or
(E) is a minor child of a bona fide resident; or
(F) is a legal dependent spouse of a bona fide
resident; or
(G) is an adult residing in Texas and his/her
legal guardian is a bona fide resident.
(3) Any recipient of services must be present in
the State of Texas unless the department finds that the
hearing-impaired individual is a bona fide student in a
recognized educational institution which has specialized
programs for the deaf or hearing-impaired.
(4) Residency may be documented by two af-
fidavits from reputable persons who are bona fide
residents of the state.
(5) The examining otologist shall judge the
medical implications of the individual's hearing loss to
determine whether the individual is to be treatable with
the use of a hearing aid and whether no danger will exist
to the individual from wearing a hearing aid(s).
(6) The educator and/or audiologist must judge
the hearing loss to be an impediment to the individual's
educational advancement.
(7) The audiologist must demonstrate improve-
ment or justify the fitting of a hearing aid(s) which canbe expected to improve the individual's ability to
communicate.
(8) Individuals found to have medically and/or
surgically treatable hearing losses shall be referred to the
Crippled Children's Division of the department for
medical treatment and management or if Medicaid eligi-
ble to the Department of Human Resources.
(9) Individuals who are found to have a medi-
cally treatable hearing loss but in the opinion of the
otologist should be fitted with a hearing aid(s) on a tem-
porary basis, are eligible to receive hearing aid(s) through
the department's program if other eligibility criteria are
met.
(10) Monthly income for the family shall be con-
sidered as the primary eligibility criteria.
(A) Families living at or below the federally
defined guidelines of poverty shall be given first con-
sideration for approval.
(B) Family size and location of residency shall
be considered as factors of income required to meet the
family's financial obligations.
(C) The parent(s)/guardian(s) must state on a
department approved form that they are unable to pro-
vide a hearing aid(s) for the hearing-impaired individual
because of limitations of the family's income.
(D) Extenuating circumstances, e.g., multi-
handicapping conditions of the applicant, more than one
handicapped individual in the home, unusually large
medical bills, family income limited to seasonal work,
shall be considered when establishing eligibility.
(E) Monthly expenses for essential housing,
utilities, food, transportation, medical bills, loan
payments, insurance, clothing, or other similar expenses
as related to monthly income shall be evaluated.
(F) Available income and assets shall be
evaluated to determine if the parent(s)/guardian(s) can
purchase the hearing aid(s) through a private provider of
hearing aid services and hearing aid(s).
(G) Families with limited funds may be ap-
proved for partial funding with contributions being made
to the program based on their ability to pay.
(b) Medicaid eligible hearing-impaired individuals
between the ages of birth and 21 shall be served through
this program.
(1) Authorization will be for service under the
authority of the Texas Department of Human Resources
contract with the department's program.
(2) The department shall receive reimbursement
from the Texas Department of Human Resources for the
services and hearing aid(s) purchased through the depart-
ment's program.
(c) A hearing-impaired individual is not eligible to
receive hearing aid services or a hearing aid(s) provided
by this program to the extent that the hearing-impaired
individual or the individual's parent(s)/guardian(s) or
other persons who have a legal obligation to support the
hearing-impaired individual is eligible to receive such ser-
vices or hearing aid(s) or payment for same from any third
party source. Third party sources may include but not
be limited to the Social Security Act, Title XVIII, and
Title XIX, as amended, the Veterans Administration, the
Civilian Health and Medical Program of the Uniformed7 TexReg 4488 December 24, 1982
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Texas. Secretary of State. Texas Register, Volume 7, Number 95, Pages 4473-4508, December 24, 1982, periodical, December 24, 1982; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244873/m1/16/: accessed May 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.