Section 8: State-Imposed Requirements

8.1A Identify any State-imposed requirements contained in the provisions of this SPIL.

Indicate N/A if not applicable.

To receive IL services in Texas from DRS or DBS, a consumer must be in the United States legally. The DBS and DRS policy manuals require consumers to provide original documents to establish identification and that the consumer is legally in the United States. If the consumer is unable to provide appropriate documentation at application, the consumer is allowed to complete the application and the counselor counsels the consumer on the need for the documentation before DRS or DBS can determine eligibility for services. CILs do not require consumers to provide proof of legal status.

Both DARS and DBS have established protocols regarding consumer participation in the cost of services as described in 2.1.C

Division for Rehabilitation Services (DRS) ILS Waiting List Description

Because requests for independent living services from the Division for Rehabilitation Services (DRS) Independent Living Services (ILS) program in Texas began exceeding available funds, it became necessary for the DRS ILS program to implement a list of all consumers waiting to receive purchased services. This became the ILS Interest and Waiting list, which consists of all consumers from Initial Contact through Plan/Waiver Initiated statuses who have not yet received purchased services.

The DRS Rehabilitation Policy Manual, Chapter 8 provides guidance to the 12 ILS counselors regarding the Interest and Waiting List procedures.

The purpose of the ILS Interest and Waiting List is to:

• identify who is to be served next when funds become available,
• track the timeliness of services provision,
• track the number of consumers who are waiting, and
• Identify the estimated amount of additional funds that are needed.

The ILS Interest List is a subset of the ILS waiting list consisting of:

• consumers requesting IL services that have not yet developed a plan or waiver and
• consumers with ILS plans or waivers who are not ready to receive purchased services. A consumer may not be ready to receive services when their initial contact date comes up on the interest and waiting list for a variety of reasons; for example,
• medical reasons—the consumer may need hospital treatment for a minor illness or a complication of one's disability;
• vehicle (van) not ready for modifications;
• consumer reports not being ready because of personal reasons, or family problems

The ILS interest and waiting list is published on the DRS Intranet by caseload, with consumers sorted by initial contact date, ILS status, and ready or not ready to receive services. Consumers are automatically added to the interest and waiting list when an initial contact is completed.

ILS Interest and Waiting List Procedure

Following the development of a plan or waiver and becoming ready to receive purchased services, consumers on the ILS interest and waiting list are served within each caseload in order of their initial contact date.

First Served- The first consumer to receive purchased services on the ILS interest and waiting list is the consumer on the caseload with the oldest initial contact date who has a plan or waiver and is ready for services. The consumer receives all services agreed to on the consumer’s IWRP or Waiver.

When there are not enough funds to serve the first consumer ready for services, services are provided to the next consumer with the oldest initial contact date who has a plan or waiver and is ready for services for whom available funds can serve.
The first consumer maintains their next to be served status and is served when adequate ILS funds become available through the next quarterly allocation or redistribution of uncommitted funds from another ILS caseload.

The ILS counselor documents in a case note

Services provided to consumers while on the ILS Interest and Waiting List include

• counseling and guidance,
• information and referral,
• referral to an independent living center,
• comparable benefits, (for example, Medicaid and Medicare), and
• services paid for by other resources

Contact and Documentation

While on the interest and waiting list, ILS counselors are required to maintain regularly scheduled contact as needed by the consumer, but at least every 60 days to,

• provide updates and progress reports, and
• request additional information.

Division for Blind Services and the CILS do not have waiting lists at this time.

Next, Exhibits: Attachment 1 - SILC Standards & Indicators Developed at SILC Congress 2004