reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter J - LIDDA REQUIREMENTS › Section 263.902 - Permanency Planning

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  contained in this section apply to an applicant under 22 years of age moving
				  from a family setting and requesting supervised living or residential
				  support.
(b) A LIDDA must, during
				  the enrollment process:
(1) review the
				  applicant's records, and, if possible, meet the applicant before the meeting
				  described in paragraph (3) of this subsection;
(2) inform the applicant and LAR:
(A) of the benefits of living in a family
				  setting;
(B) that the placement of
				  the applicant is considered temporary; and
(C) that an ongoing permanency planning
				  process is required; and
(3) convene a permanency planning meeting
				  with the LAR and, as appropriate, the applicant.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter J - LIDDA REQUIREMENTS › Section 263.903 - Referral from HHSC to DFPS

Current through Reg. 49, No. 28; July 12, 2024
If, within one year after the date HHSC receives the
					 notification described in §
										263.901(e)(33)(B) or
					 (34)(B) of this subchapter (relating to LIDDA
					 Requirements for Providing Service Coordination in the HCS Program), HHSC is
					 unable to locate the parent or LAR, HHSC refers the case to:
(1) the Child Protective Services Division of
				  DFPS if the individual is under 18 years of age; or
(2) the Adult Protective Services Division of
				  DFPS if the individual is at least 18 years of age and under 22 years of
				  age.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter K - DECLARATION OF DISASTER › Section 263.1000 - Exceptions to Certain Requirements During Declaration of Disaster

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may allow
				  program providers and service coordinators to use one or more of the exceptions
				  described in subsections (c) - (j) of this section while an executive order or
				  proclamation declaring a state of disaster under Texas Government Code §
										418.014 is in effect.
				  HHSC notifies program providers and LIDDAs:
(1) if it allows an exception to be used;
				  and
(2) if an exception is allowed
				  to be used, the date the exception must no longer be used, which may be before
				  the declaration of a state of disaster expires.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2003 - Types of Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
The following are the three types of individualized skills
					 and socialization:
(1) on-site
				  individualized skills and socialization;
(2) off-site individualized skills and
				  socialization; and
(3) in-home
				  individualized skills and socialization.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2005 - Description of On-Site and Off-Site Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
(a) Individualized
				  skills and socialization is an HCS Program service described in this
				  section.
(b) On-site and off-site
				  individualized skills and socialization:
(1)
				  provide person-centered activities related to:
(A) acquiring, retaining, or improving
				  self-help skills and adaptive skills necessary to live successfully in the
				  community and participate in home and community life; and
(B) gaining or maintaining independence,
				  socialization, community participation, current or future volunteer goals, or
				  employment goals consistent with achieving the outcomes identified in an
				  individual's PDP;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2007 - Description of and Criteria for an Individual to Receive In-Home Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
(a) In-home
				  individualized skills and socialization is:
(1) assistance with acquiring, retaining, and
				  improving self-help, socialization, and adaptive skills necessary to reside and
				  participate successfully in the community;
(2) the provision of age-appropriate
				  activities that enhance self-esteem and maximize functional level;
(3) reinforcement of skills or lessons
				  taught:
(A) in school or other settings;
				  or
(B) during the provision of any
				  HCS Program service or non-waiver service;
(4) the provision of personal assistance for
				  an individual who cannot manage personal care needs during the provision of
				  in-home individualized skills and socialization; and
(5) as determined by an assessment conducted
				  by a registered nurse, assistance with medications and the performance of tasks
				  delegated by a registered nurse in accordance with state law and rules, unless
				  a physician has delegated the task as a medical act under Texas Occupations
				  Code Chapter 157, as documented by the physician.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2009 - Exceptions to Certain Requirements During Declaration of Disaster

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may allow
				  program providers to use one or both of the exceptions in subsections (c) and
				  (d) of this section while an executive order or proclamation declaring a state
				  of disaster under Texas Government Code §
										418.014 is in effect.
				  HHSC notifies program providers:
(1) if it
				  allows an exception to be used; and
(2) if an exception is allowed to be used,
				  the date the exception must no longer be used, which may be before the
				  declaration of a state of disaster expires.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2011 - Provision of On-Site and Off-Site Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
(a) On-site and
				  off-site individualized skills and socialization must be provided by an
				  individualized skills and socialization provider. An individualized skills and
				  socialization provider must be the program provider or a contractor of the
				  program provider.
(b) A program
				  provider must make both on-site individualized skills and socialization and
				  off-site individualized skills and socialization available to an
				  individual.
(c) An individualized
				  skills and socialization provider must provide on-site individualized skills
				  and socialization and off-site individualized skills and socialization in
				  accordance with an individual's PDP, IPC, and implementation plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2013 - Provision of In-Home Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider must ensure that in-home individualized skills and socialization is
				  provided in the residence of the individual receiving the service.
(b) In-home individualized skills and
				  socialization is not required to be provided by an individualized skills and
				  socialization provider.
(c) Before
				  providing in-home individualized skills and socialization to an individual, a
				  program provider must obtain documentation:
(1) from a physician that the individual's
				  medical condition justifies the provision of in-home individualized skills and
				  socialization;
(2) from a licensed
				  professional or behavioral supports service provider that the individual's
				  behavioral issues justify the provision of in-home individualized skills and
				  socialization; or
(3) that the
				  individual is 55 years of age or older and requests to receive in-home
				  individualized skills and socialization.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2015 - Service Limit for On-Site, Off-Site, and In-Home Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
The service limit for the combined total of on-site,
					 off-site, and in-home individualized skills and socialization is:
(1) 1560 hours during an IPC year;
(2) six hours per calendar day; and
(3) five days per calendar week.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2017 - Staffing Ratios for Off-Site Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
(a) The ratio of
				  service providers of off-site individualized skills and socialization to
				  persons receiving services off-site must be:
(1) no higher than one service provider of
				  off-site individualized skills and socialization to eight individuals with an
				  LON 1 or an LON 5 without an enhanced staffing rate and other persons receiving
				  off-site individualized skills and socialization or a similar service
				  (1:8);
(2) no higher than one
				  service provider of off-site individualized skills and socialization to two
				  individuals with an LON 8 or an LON 6 and other persons receiving off-site
				  individualized skills and socialization or a similar service (1:2);
(3) no higher than one service provider of
				  individualized skills and socialization to two individuals with an LON 1 or an
				  LON 5 with the level one enhanced staffing rate and other persons receiving
				  off-site individualized skills and socialization or a similar service
				  (1:2);
(4) no higher than one
				  service provider of off-site individualized skills and socialization to one
				  individual with an LON 1, LON 5, LON 8, or LON 6 with the level two enhanced
				  staffing rate and other persons receiving off-site individualized skills and
				  socialization or a similar service (1:1); and
(5) no higher than one service provider of
				  off-site individualized skills and socialization to one individual with an LON
				  9 and other persons receiving off-site individualized skills and socialization
				  or a similar service (1:1).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2019 - Discontinuation of Day Habilitation

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding other rules governing the HCS Program,
					 effective March 1, 2023, day habilitation, which includes in-home day
					 habilitation, is not a service in the HCS Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2021 - Including On-Site, Off-Site, and In-Home Individualized Skills and Socialization on an IPC

Current through Reg. 49, No. 28; July 12, 2024
(a) If an applicant
				  wants to receive on-site or off-site individualized skills and socialization,
				  or wants to receive and meets the criteria for in-home individualized skills
				  and socialization:
(1) a service coordinator
				  must include the type of individualized skills and socialization on the
				  applicant's PDP and the type and amount of individualized skills and
				  socialization on the initial IPC in accordance with the rules governing the HCS
				  Program; and
(2) a program provider
				  must develop an implementation plan for on-site, off-site, and in-home
				  individualized skills and socialization.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2023 - Service Provider Qualifications and Training for In-Home Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
(a) A service
				  provider of in-home individualized skills and socialization must be at least 18
				  years of age and:
(1) have a high school
				  diploma or a certificate recognized by a state as the equivalent of a high
				  school diploma; or
(2) have
				  documentation of a proficiency evaluation of experience and competence to
				  perform the job tasks that includes:
(A) a
				  written competency-based assessment of the ability to document service delivery
				  and observations of the individuals to be served; and
(B) at least three written personal
				  references from persons not related by blood that indicate the ability to
				  provide a safe, healthy environment for the individuals being served.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2025 - Program Provider Reimbursement for On-Site, Off-Site, and In-Home Individualized Skills and Socialization

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) of this section, HHSC pays for on-site, off-site,
				  and in-home individualized skills and socialization provided to an individual
				  in accordance with an individual's LON and the reimbursement rates for on-site,
				  off-site, and in-home individualized skills and socialization.
(b) If approved in accordance with §
										263.2027 of this subchapter
				  (relating to Enhanced Staffing Rate) HHSC pays:
(1) a level one enhanced staffing rate for
				  off-site individualized skills and socialization for an individual with a LON 1
				  or LON 5; and
(2) a level two
				  enhanced staffing rate for off-site individualized skills and socialization for
				  an individual with an LON 1, LON 5, LON 8, or LON 6.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 263 - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Subchapter L - INDIVIDUALIZED SKILLS AND SOCIALIZATION › Section 263.2027 - Enhanced Staffing Rate

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider may request a level one enhanced staffing rate for off-site
				  individualized skills and socialization described in §
										263.2025(b) of
				  this subchapter (relating to Program Provider Reimbursement for Individualized
				  Skills and Socialization) for an individual with a LON 1 or LON 5 by submitting
				  the following documentation to HHSC:
(1) a
				  completed HHSC Enhanced Staffing Rate RequestForm;
(2) the most recent ICAP scoring
				  booklet;
(3) the most recent ID/RC
				  Assessment;
(4) the most recent
				  PDP;
(5) the most recent
				  implementation plan for individualized skills and socialization; and
(6) other documentation that supports the
				  individual's request for an enhanced staffing rate, which may include:
(A) the behavior support plan;
(B) a physician's order;
(C) an assessment completed by a service
				  provider of a professional therapy;
(D) the nursing assessment; and
(E) the CFC PAS/HAB assessment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 264.101 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
This chapter describes:
(1) the CDS option available to an individual
				  or the individual's LAR;
(2) the
				  process for the enrollment and participation of an individual in the CDS
				  option;
(3) the responsibilities
				  and requirements of an individual, LAR, or DR participating in the CDS
				  option;
(4) the minimum
				  qualifications for a person or entity providing services to an individual
				  participating in the CDS option;
(5) the responsibilities and requirements of
				  a person or entity providing services under the CDS option;
(6) the method of payment to a person or
				  entity providing services to an individual participating in the CDS option;
				  and
(7) the oversight applicable to
				  a person or entity providing services under the CDS option.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 264.103 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise:
(1) Abuse--
(A) physical abuse;
(B) sexual abuse; or
(C) verbal or emotional abuse.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 264.105 - Application

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to the following:
(1) an individual or LAR who elects to be the
				  employer for services delivered through the CDS option;
(2) a DR;
(3) a CDSA;
(4) a support advisor;
(5) a service provider; and
(6) a case manager or service
				  coordinator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 264.107 - Overview of the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  individual or LAR may elect the CDS option if:
(1) the individual's program offers the CDS
				  option;
(2) one or more program
				  services in the individual's authorized service plan are available for delivery
				  through the CDS option;
(3) the
				  individual or LAR agrees to perform, or to appoint a DR to perform, the
				  employer responsibilities required for participation in the CDS
				  option;
(4) the individual or LAR
				  selects a CDSA to provide FMS; and
(5) the individual or LAR has developed and
				  received approval from the service planning team for each required service
				  back-up plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 264.108 - Services Available Through the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) The CDS option is available in the
				  following programs:
(1) the CLASS Program, if
				  the individual does not receive in the CLASS Program:
(A) support family services; or
(B) continued family services;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 264.109 - Enrollment in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) At the
				  time of an individual's enrollment in a DADS program that offers the CDS
				  option, and at least annually thereafter, a case manager, service coordinator,
				  or other person designated by the individual's program must:
(1) provide written materials on the CDS
				  option to the individual or LAR;
(2) meet with and provide the individual or
				  LAR with an oral explanation of the CDS option specific to the individual's
				  program; and
(3) complete Form
				  1581, Consumer Directed Services Option Overview.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 264.111 - Service Planning in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Service planning for an individual who chooses to participate in the CDS option
				  is completed in accordance with the rules and requirements of the individual's
				  program in the same manner as if services are delivered through a program
				  provider. Service planning includes:
(1)
				  determining the individual's needs;
(2) determining service levels;
(3) justifying changes to the service
				  plan;
(4) maintaining costs and
				  cost ceilings;
(5) reviewing
				  services; and
(6) obtaining
				  approval for planned services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.205 - Employer Appointment of a Designated Representative

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer may appoint a willing adult
				  as a DR to assist or to perform employer responsibilities. The employer
				  maintains responsibility and accountability for decisions and actions taken by
				  the DR.
(b) If the employer chooses
				  to appoint a DR or change a DR, or is required to appoint a DR at enrollment in
				  the CDS option, as described in §
										41.109
				  of this chapter (relating to Enrollment in the CDS Option), the employer must
				  complete DADS Form 1720, Appointment of Designated Representative.
(1) The employer must notify the FMSA by fax
				  or telephone within two working days after the appointment or change of a
				  DR.
(2) If the employer notifies
				  the FMSA by telephone, the employer must fax or mail a copy of Form 1720 to the
				  FMSA within five working days after the appointment or change of a
				  DR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.206 - Proof of Guardianship for the Employer

Current through Reg. 49, No. 28; July 12, 2024
If the court has appointed a guardian for an individual
					 enrolled in the CDS option, the court appointed guardian must provide the FMSA,
					 at CDS enrollment and the beginning of each service plan year, with
					 documentation of guardianship or documentation of efforts to obtain
					 documentation from the court.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.207 - Initial Orientation of an Employer

Current through Reg. 49, No. 28; July 12, 2024
An employer and the DR must:
(1) complete the initial orientation
				  conducted by the FMSA in the residence of the individual in accordance with
				  §
										41.307
				  of this chapter (relating to Initial Orientation of an Employer);
(2) complete:
(A) DADS Form 1736, Documentation of Employer
				  Orientation, upon completion of the orientation; and
(B) if applicable, one of the following:
(i) DADS Form 1733, Employer and Employee
				  Exemption from Nursing License for Certain Services; or
(ii) DADS Form 1585, Statement of
				  Responsibilities for Consumer Directed Services;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.209 - Employer-Agent Registration

Current through Reg. 49, No. 28; July 12, 2024
Within five calendar days after a request from a CDSA, an
					 employer must provide necessary information and documentation to the CDSA for
					 registration by the CDSA as the employer's agent with the Internal Revenue
					 Service, the Texas Workforce Commission, and other government agencies as
					 applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.211 - Financial Management Services

Current through Reg. 49, No. 28; July 12, 2024
An employer must agree to accept FMS from the selected
					 FMSA, as described in §
										41.309
					 of this chapter (relating to Financial Management Services, CFC Support
					 Management, and Vendor Fiscal/Employer Agent
					 Responsibilities).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.213 - Employer Support Services

Current through Reg. 49, No. 28; July 12, 2024
An employer or DR may request employer support services if
					 employer support services are included in an approved budget.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.215 - Employer Role in the Service Planning Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual's service planning team
				  consists of persons required or allowed by the individual's program.
(b) An employer must attend and participate
				  in the individual's service planning meeting. An employer's DR may also attend
				  the meeting with approval of the individual or LAR.
(c) An employer or DR must provide
				  documentation related to services, service delivery, and participation in the
				  CDS option when requested by a case manager or service coordinator.
(d) An employer or DR must, when requesting a
				  change in a service or the addition of a service for delivery through the CDS
				  option, provide the service planning team with documentation of circumstances
				  that require a revision to the individual's service plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.217 - Employer Responsibilities Regarding Service Backup Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer or DR must develop a service
				  backup plan, using DADS Form 1740, CDS Service Backup Plan, if requested by the
				  case manager or service coordinator, in accordance with § 41.404(b) of
				  this chapter (relating to Ensuring Development and Monitoring Service Backup
				  Plans).
(b) The actions listed in a
				  service backup plan may include the use of:
(1) paid service providers;
(2) unpaid service providers, such as family
				  members, and friends;
(3)
				  non-program services; or
(4)
				  respite, if included in the authorized service plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.219 - CDSA Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer
				  must:
(1) review the CDSA report as described
				  in §
											41.317 of
				  this chapter (relating to CDSA Reports) for each service delivered to the
				  individual through CDS; and
(2)
				  initiate budget revisions based on the CDSA report if needed to ensure that
				  sufficient funds and units of a service are available through the end date of
				  the individual's service plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.221 - Corrective Action Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A written
				  corrective action plan may be required from an employer or DR if the employer
				  or DR:
(1) hires an ineligible service
				  provider;
(2) submits incomplete,
				  inaccurate, or late documentation of service delivery;
(3) does not follow the budget;
(4) does not comply with program requirements
				  related to the CDS option; or
(5)
				  does not meet other employer responsibilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.223 - Liability Acknowledgment and Workers' Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer must complete Form 1728,
				  Liability Acknowledgment, for each applicant for employment.
(b) An employer must document on Form 1728:
(1) if the employer is, or is not, a
				  subscriber to workers' compensation through the Texas Department of Insurance,
				  Division of Workers' Compensation; and
(2) the arrangements, if any, that the
				  employer has made for work-related injuries or illness incurred by an employee
				  if the employer is not a subscriber to workers' compensation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.225 - Criminal History Check of an Applicant for Employment and an Employee

Current through Reg. 49, No. 28; July 12, 2024
(a) Before an applicant can become an
				  employee, an employer or DR must:
(1) obtain
				  the applicant's information required on the Criminal History and Registry
				  Checks Form 1725 to conduct a criminal history background check through the
				  Texas Department of Public Safety (DPS) secure online website;
(2) sign the certification section on Form
				  1725 acknowledging that criminal history records and reports include
				  confidential information that must not be shared, released, or otherwise
				  disclosed, under penalty of law; and
(3) request that the FMSA obtain the criminal
				  history report from the secure online DPS Criminal History Conviction Database
				  website.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.227 - Required Registry Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
				  applicant for employment, an employer or DR must:
(1) obtain the applicant's required
				  information on the Criminal History and Registry Checks, (Form 1725) necessary
				  to conduct an initial and annual check of the DADS Nurse Aide Registry and the
				  Employee Misconduct Registry; and
(2) request that the FMSA obtain and document
				  the results of the registry check for an applicant using Form 1725 and send a
				  copy to the employer or DR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.229 - Licensure and Certification Verification

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer or DR must, for each service
				  that requires a service provider to be licensed, certified, or have other
				  official or legal permission to perform a specific service:
(1) obtain and retain a copy or other
				  documentation on file to verify the current status of the applicant's license,
				  certification, or other permission; and
(2) submit a copy of the document verifying
				  current status to the CDSA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.231 - Verification of Eligibility of an Employee or Contractor

Current through Reg. 49, No. 28; July 12, 2024
(a) When an applicant is hired, the employer
				  or DR must ensure that the applicant completes Form 1724, New Service Provider
				  Packet Cover Sheet, and supplies any required support documentation before
				  being employed or retained by the employer or DR for the delivery of services
				  to the individual. The employer or DR must provide Form 1724 to the
				  CDSA.
(b) An employer or DR must:
(1) withdraw an offer of employment if a
				  person is not eligible for employment based on results of US Citizenship and
				  Immigration Services, Form I-9, Employment Eligibility Verification or
				  regulations of any government agency;
(2) verify continued eligibility of
				  employment based on the requirements of the US Citizenship and Immigration
				  Services using Form I-9, Employment Eligibility Verification;
(3) maintain a copy of renewed supporting
				  documents; and
(4) submit a copy of
				  renewed supporting documentation to the CDSA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.233 - Training and Management of Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer or DR must:
(1) provide initial, ongoing, and annual
				  training to a service provider on the topics described in HHSC Form 1732,
				  Management and Training of Service Provider, and the applicable Service
				  Provision Requirements Addendum to HHSC Form 1735, Employer and Financial
				  Management Services Agency (FMSA) Agreement; and
(2) manage a service provider in accordance
				  with HHSC Form 1732 and the applicable addendum to HHSC Form 1735.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.235 - Verification of Eligibility for Vendors

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An employer or DR must:
(1) obtain, verify,
				  and retain documentation that a vendor meets and maintains the eligibility
				  requirements of an individual's program for the services to be delivered;
				  and
(2) submit documentation of the
				  vendor's eligibility and continued eligibility to the CDSA before services are
				  delivered.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.237 - Service Provider Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  employer or DR must, before an employee, contractor, or vendor provides
				  services to an individual, ensure that required DADS service agreements have
				  been completed between:
(1) the employer and
				  the employee;
(2) the employer and
				  the contractor; and
(3) the
				  employer and a vendor, if required by DADS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.238 - Service Delivery Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  employer or DR must ensure that services provided through the CDS option:
(1) are included on the individual's HHSC
				  authorized service plan and, if required by the program rules, included on any
				  other plan such as the habilitation plan or implementation plan;
(2) are budgeted in the employer
				  budget;
(3) are provided only to
				  the individual;
(4) are not
				  provided if the individual receiving services becomes ineligible for program
				  services; and
(5) meet requirements
				  for payment in accordance with program rules and §
											41.241 of
				  this subchapter (relating to Payment of Services).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.239 - Documentation of Services Delivered

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  employer or DR must ensure that documentation of services delivered includes:
(1) each element required by an individual's
				  program; and
(2) service dates
				  within the same calendar month.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.241 - Payment of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Only the
				  employer or DR may approve the documentation of services delivered described in
				  §
										41.239
				  of this chapter (relating to Documentation of Services Delivered).
(b) An employer or DR must submit to the CDSA
				  approved documentation of services delivered for payment on or before the due
				  date established by the CDSA.
(c)
				  Unless using an EVV system as required by Chapter 68 of this title (relating to
				  Electronic Visit Verification (EVV) System), an employer or DR must obtain a
				  correction and submit the corrected and approved documentation of services
				  delivered to the CDSA within three calendar days after receiving a request for
				  corrected documentation of services delivered from the CDSA.
(d) The CDSA does not pay for services
				  delivered until receipt of approved documentation.
(e) Overtime pay for employees must be
				  calculated and paid in accordance with current state or federal laws and
				  regulations for payment of overtime.
(f) DADS does not pay, and the CDSA must not
				  pay, for purchases or services that:
(1) are
				  not in an approved budget at time of purchase;
(2) do not meet requirements for payment
				  through the individual's program or this chapter;
(3) are provided by a service provider:
(A) before the CDSA provides written approval
				  of the service provider's eligibility to deliver the service, even if the CDSA
				  determines later that the service provider was eligible to deliver the
				  service;
(B) while the service
				  provider was not eligible to deliver services because the service provider did
				  not have a valid license, certificate, or other formal permission to provide
				  the service or failed to meet other qualifications for service delivery;
				  or
(C) when the service provider's
				  relationship to the employer, individual, or DR is prohibited for service
				  delivery;
(4) are
				  delivered when the individual receiving services is not eligible for services
				  at the time of service delivery;
(5) are available through a non-program
				  resource;
(6) are available through
				  another service within the individual's program;
(7) do not meet:
(A) the needs of the individual;
(B) the employment-related requirements;
				  or
(C) the employer-related
				  responsibilities; or
(8)
				  exceed the rate or amount approved for the service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter B - RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES › Section 264.243 - Record Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer
				  must, for at least five years after services are delivered through the CDS
				  option, maintain documentation required by:
(1) this chapter;
(2) the individual's program; or
(3) government agencies with regulatory
				  authority over employer and employer-agent responsibilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 264.301 - Contracting as an FMSA

Current through Reg. 49, No. 28; July 12, 2024
(a) An FMSA must:
(1) comply with Chapter 49 of this title
				  (relating to Contracting for Community Services);
(2) have at least one eligible employee or
				  contractor to provide support consultation services as defined in Subchapter F
				  of this chapter (relating to Support Consultation Services and Support Advisory
				  Responsibilities);
(3) operate as a
				  Vendor Fiscal/Employer Agent (VF/EA) in accordance with §3504 of the
				  Internal Revenue Code; and
(4)
				  participate in all mandatory training provided or authorized by
				  HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 264.303 - Obtaining and Revoking Federal and State Approval to be a Vendor Fiscal/Employer Agent

Current through Reg. 49, No. 28; July 12, 2024
(a) An FMSA must
				  apply for and obtain one Federal Employer Identification Number (FEIN) for the
				  sole purpose of filing and depositing federal income tax withholding and
				  employment taxes (i.e., Medicare and Social Security (FICA) and Federal
				  Unemployment Insurance taxes) on behalf of employers it represents as a vendor
				  fiscal/employer agent. The one FEIN must cover all states and programs under
				  which the entity functions as a FMSA.
(b) An FMSA must obtain IRS approval to act
				  as an agent for each employer it represents by:
(1) obtaining, within 30 calendar days after
				  the employer enrolls into the CDS option, a separate FEIN for each employer it
				  represents by completing and submitting an IRS Form SS-4, Application for
				  Employer Identification Number unless the employer uses an existing FEIN for
				  the CDS option;
(2) requesting that
				  the employer, who uses an existing FEIN for the CDS option, inform the FMSA if
				  the FEIN is being used for other purposes;
(3) retaining a copy of an executed IRS Form
				  SS-4 or other documentation provided by the CDS employer who already has an
				  FEIN for each employer on file;
(4)
				  applying for and receiving agent authorization from the IRS by completing and
				  submitting an IRS Form 2678, Employer/Payer Appointment of Agent, within 30
				  calendar days after the employer enrolls into the CDS option, for each employer
				  it represents; and
(5) retaining a
				  copy of executed IRS Form 2678 for each employer on file.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 264.305 - Appointment of a Designated Representative

Current through Reg. 49, No. 28; July 12, 2024
(a) The FMSA must, if the employer requests
				  to appoint a person who is not a relative as DR, use the information provided
				  by the employer on the Appointment of Designated Representative form (Form
				  1720) to:
(1) obtain the criminal history
				  information directly from the Texas Department of Public Safety's (DPS) public
				  online criminal history website; and
(2) notify the employer, using Form 1720, if
				  the DR has been convicted of an offense included in Texas Health and Safety
				  Code (THSC), §250.006(a), or has been convicted of an offense included in
				  THSC, §250.006(b) within the previous five years and cannot be appointed
				  as DR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 264.306 - Proof of Guardianship for Financial Management Services Agencies

Current through Reg. 49, No. 28; July 12, 2024
An FMSA must obtain at CDS enrollment and the beginning of
					 each service plan year from the court appointed guardian of an individual using
					 the CDS option, current documentation of guardianship or documentation of the
					 guardian's efforts to obtain documentation from the court. The FMSA must
					 maintain the documentation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 264 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 264.307 - Initial Orientation of an Employer

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An FMSA must conduct an initial face-to-face orientation with the employer, and
				  the DR if applicable, in the residence of the individual, in which the FMSA:
(1) explains to the employer and DR the
				  roles, rules, and responsibilities that apply to an employer, service provider,
				  FMSA, and state agencies, including:
(A) the
				  employer budget based on the authorized service plan;
(B) the hiring process, including documents
				  and forms to be completed for new employees; and
(C) managing paper and electronic timesheets,
				  due dates, payday schedules, and disbursing employee payroll checks;