(a) To be eligible for the ICF/MR Program, a person must:(1) meet the LOC I or LOC VIII criteria described in §419.238 of this title (relating to Level of Care I Criteria) and §419.239 of this title (relating to Level of Care VIII Criteria);(2) be in need of and able to benefit from the active treatment provided in the 24-hour supervised residential setting of an ICF/MR; and(3) be eligible for Supplemental Security Income (SSI) or be determined by TDHS to be financially eligible for Medicaid.(b) Circumstances under which a person is not in need of and able to benefit from active treatment include when the person:(1) has been diagnosed by a licensed physician as having "brain death";(2) does not respond in any way to the living environment;(3) has a health condition that prevents participation in active treatment; or(4) is generally able to function with little supervision or without a program of continuous active treatment.