La. Admin. Code tit. 48 § IX-1107

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-1107 - Eligibility

A. The individual and family support program is a resource available to serve an individual with intellectual/developmental disabilities and his/her family as follows.

1. The individual lives in Louisiana and has a statement of approval to participate in intellectual/developmental disabilities services in accordance with the developmental disability law.

2. The individual may receive individual and family support funds to address identified needed supports to enable the person to remain in the community and/or to improve his/her quality of life.

3. The individual is at risk of being institutionalized or is institutionalized, but intends to return to the community with appropriate supports.

B. The individual and his/her family must demonstrate the ability to provide the necessary and appropriate care and supervision for the individual with intellectual/developmental disabilities who receives the support.

C. Families receiving a subsidy for the care of an individual cannot also receive IFS funds. The following are not considered subsidies: Family Independence Temporary Assistance Program (FITAP), Social Security (SS) benefits, flexible family fund, and child support; requests may be approved on an individual basis for eligible applicants receiving adoption subsidies.

D. Financial circumstances will be considered in the prioritization of individual and family support program funds. Family income will not disqualify applicants, but the applicants ability to independently provide supports will be considered in funding decisions. Individual income will be considered for persons with intellectual/developmental disabilities who are establishing or maintaining supervised independent living in the community.

E. Requests for individual and family support funding may be approved for non-related persons when the applicant meets all other eligibility criteria, and at least one of the following:

1. The relationship and/or living arrangement is longstanding or of a permanent (not temporary) duration;

2. The person providing care is not the guardian or legally responsible representative of the applicant;

3. The applicant meets the Internal Revenue Service definition for a dependent for federal income tax purposes.

La. Admin. Code tit. 48, § IX-1107

Promulgated by the Department of Health, Office for Citizens with Developmental Disabilities, LR 43665 (4/1/2017), Amended by the Department of Health, Office for Citizens with Developmental Disabilities, LR 46350 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 28:824.