SECTION 355.7. Application and Eligibility Date

Persons meeting the eligibility requirements set forth in §37.212(a)(1), (2), (3) and (5) of this title (relating to Recipient Requirements) must make an application for benefits through an approved Epilepsy Program contracted provider.

(1) Complete application. A complete application is required before any eligibility determination will be made. A complete application shall consist of all of the following:

(A) a complete Application for Benefits, with the applicant's, or the applicant's representative's original signature or "mark;"

(B) a diagnosis of epilepsy certified by a licensed physician, or a statement that the applicant is suspected of having epilepsy;

(C) documentation of Texas residency as required by §37.213 of this title (relating to Residency and Residency Documentation Requirements);

(D) applicant financial data. Acceptable data to establish the applicant's financial qualifications shall be submitted with the application.

(2) Verification of Income. The contracted provider shall make the final determination of eligibility based on the information submitted with a completed application.

(3) Eligibility date for Epilepsy Program benefits. The date on which a person's eligibility will be determined will be the date upon which a completed application is received by the contracted provider. The Epilepsy Program eligibility date will be the later of:

(A) the date the contracted provider receives a completed application;

(B) the date the applicant is no longer considered a ward of the state;

(C) the date the applicant is no longer incarcerated in a city, county, state, or federal jail, or prison; or

(D) the date the applicant established Texas residency.

Source Note: The provisions of this §355.7 adopted to be effective March 17, 2002, 27 TexReg 1791; amended to be effective October 8, 2006, 31 TexReg 8237; amended to be effective November 4, 2010, 35 TexReg 9738; amended to be effective July 2, 2015, 40 TexReg 4215; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 981