SECTION 2.102. Application

(a) This subchapter applies to an MRA for community services contracted for through the performance contract that the MRA provides directly or through a subcontractor to a member of the MR priority population. This subchapter also applies to an adult person in the MR priority population and a parent of a person under age 18 years in the MR priority population.

(b) This subchapter does not apply to:

(1) a program or service that is prohibited by statute or regulation from charging a fee to a person served;

(2) the DADS In-Home and Family Support Program--Mental Retardation;

(3) residential services as described in the performance contract; and

(4) specialized services mandated by the Omnibus Budget Reconciliation Act (OBRA) of 1987, as amended by OBRA 90, for a preadmission screening and resident review (PASARR) provided to a non-Medicaid eligible person.

Source Note: The provisions of this §2.102 adopted to be effective September 1, 2002, 27 TexReg 2041; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective November 1, 2007, 32 TexReg 7494