reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 41.333 - Service Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) After initial
				  orientation of the employer by the CDSA and before additional FMS may be
				  provided by the CDSA, the CDSA must receive from the employer a completed copy
				  of Form 1735, Service Agreement between the Employer and the Consumer Directed
				  Services Agency, and required attachments.
(b) Before the CDSA pays an eligible service
				  provider, the CDSA must obtain a completed original of the DADS provided
				  Service Acknowledgment Between a Service Provider and the Consumer Directed
				  Services Agency, and required attachments, for:
(1) each employee of the employer;
(2) each contractor retained by the employer;
				  and
(3) each vendor retained by the
				  employer, if required in instructions for completion of the DADS Service
				  Acknowledgment Between a Service Provider and the Consumer Directed Services
				  Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 41.333 - Service Agreements

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 41.335 - Documentation of Services Delivered

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The CDSA must verify that the service provider:
(1) documents each element required by the
				  individual's program;
(2) documents
				  service dates within the same calendar month; and
(3) unless using an EVV system as required by
				  Chapter 68 of this title (relating to Electronic Visit Verification (EVV)
				  System), has a dated signature of the employer or DR on all documentation of
				  services delivered.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 41.335 - Documentation of Services Delivered

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 41.337 - Payment of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A CDSA must
				  make payments in accordance with posted pay dates and required time frames
				  unless delay is documented by the CDSA as being caused by an employer, DR, or
				  service provider.
(b) A CDSA
				  approves and pays for purchases through the CDS option only if:
(1) documentation provided is in accordance
				  with §
											41.239
				  of this chapter (relating to Documentation of Services Delivered) and §
											41.335
				  of this chapter (relating to Documentation of Services Delivered);
				  and
(2) services, goods, or items
				  documented are included in the approved budget before purchase.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 41.337 - Payment of Services

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 41.339 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) An FMSA must maintain records to support
				  claims submitted to HHSC and payments received from HHSC.
(b) An FMSA must, in accordance with
				  generally accepted accounting principles and HHSC requirements, document and
				  maintain financial records, including:
(1)
				  deposit slips, bank statements, cancelled checks, and receipts;
(2) purchase orders;
(3) invoices;
(4) journals and ledgers;
(5) time sheets, payroll, and tax
				  records;
(6) records, forms, and
				  reports required by the Internal Revenue Service, the Texas Workforce
				  Commission, and other applicable government agencies;
(7) insurance coverage related to staff
				  persons, including claims and payments;
(8) equipment inventory records;
(9) the FMSA's internal accounting
				  procedures; and
(10) chart of
				  accounts.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS) › Section 41.339 - Records

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.401 - Enrollment Process

Current through Reg. 49, No. 28; July 12, 2024
The enrollment process is conducted in accordance with
					 §
										41.109
					 of this chapter (relating to Enrollment in the CDS Option). Within five working
					 days after receipt of a completed Form 1584, Consumer Participation Choice, by
					 an eligible individual or LAR, or upon receipt of Form 1584 and within five
					 working days after eligibility determination for an applicant applying for
					 program services, a case manager or service coordinator must provide the
					 following documentation to the CDSA:
(1) Form 1584;
(2) the individual's authorized service
				  plan;
(3) the individual's plan of
				  care; and
(4) if not provided in
				  paragraph (1) - (3) of this section:
(A) the
				  date the employer may begin incurring expenses to initiate start-up activities
				  and to incur recruitment and hiring expenses;
(B) the date the employer may begin delivery
				  of program services through the employer's service providers;
(C) the number of units, the approved rate,
				  or the amount authorized in the individual's service plan for each service to
				  be delivered through the CDS option;
(D) the total funds authorized for each
				  program service to be delivered through the CDS option; and
(E) the authorized schedule of service
				  delivery per day, week, month, or other time frame specific to the
				  service.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.403 - Transfer Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  individual's CDSA must process a request by the individual or LAR to transfer
				  from one CDSA to another CDSA in accordance with transfer procedures and
				  requirements of the individual's program.
(b) The transferring CDSA must, within five
				  working days after receipt of a request to transfer:
(1) account in writing for the funds
				  allocated in the individual's service plan or plan of care and budgets and:
(A) bill DADS for funds in the individual's
				  budget that the CDSA must pay on behalf of the employer;
(B) make payments within required time
				  frames;
(C) submit billing
				  adjustments for prior claims and payments from DADS that will not be paid, or
				  deposited by the CDSA for accrued funds, for:
(i) deposits, withholdings, and employee and
				  employer contributions; and
(ii) a
				  pending payment that will transfer to the receiving CDSA;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.404 - Ensuring Development, Approval, and Review of Service Backup Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A service planning team must determine if
				  a service the individual is receiving through the CDS option is critical to the
				  individual's health and safety.
(b)
				  The case manager or service coordinator must request and ensure that the
				  employer or DR develop a service backup plan, using DADS Form 1740, CDS Service
				  Backup Plan, if:
(1) a service backup plan is
				  required by the rules of the individual's program; or
(2) the service planning team determines that
				  a service is critical to the health and safety of the individual in accordance
				  with subsection (a) of this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.404 - Ensuring Development, Approval, and Review of Service Backup Plans

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.405 - Suspension of Participation in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer may request voluntary
				  suspension of participation in the CDS option and request that all program
				  services be delivered through a program provider at any time.
(b) The suspension must last at least 90
				  calendar days.
(c) The employer
				  must notify the individual's case manager or service coordinator of intent to
				  reactivate participation in the CDS option.
(d) A CDSA must monitor an individual's
				  program eligibility and notify the individual's case manager or service
				  coordinator of a lapse of program eligibility.
(e) The case manager or service coordinator
				  must notify the individual's service planning team of the individual's loss of
				  eligibility to determine if suspension of participation in the CDS option is
				  recommended. If participation in the CDS option is suspended, the case manager
				  or service coordinator must give notice to the individual or LAR in accordance
				  with the requirements of the individual's program.
(f) If participation in the CDS option is
				  suspended, FMS and, if applicable, support consultation, are suspended in the
				  individual's service plan.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.405 - Suspension of Participation in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.407 - Termination of Participation in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer may request voluntary
				  termination of participation in the CDS option and receive services through a
				  program agency provider at any time. The termination must last at least 90
				  calendar days.
(b) An individual
				  may be involuntarily terminated from participation in the CDS option in
				  accordance with the requirements of the individual's program.
(c) FMS and, if applicable, support
				  consultation, are terminated in the individual's service plan when
				  participation in the CDS option is terminated.
(d) An individual's case manager or service
				  coordinator convenes the individual's service planning team concerning issues
				  that may warrant immediate termination of the individual's participation in the
				  CDS option. On review of the information, the service planning team may
				  recommend immediate termination of participation in the CDS option when:
(1) the individual's health or welfare is
				  immediately jeopardized by the individual's participation in the CDS
				  option;
(2) the DR has been
				  convicted of an offense under Chapter 32 of the Penal Code or an offense
				  barring employment as listed in the Texas Health and Safety Code, §
											250.006(a) and
				  (b); or
(3) DADS or another government agency with
				  applicable regulatory authority recommends that participation in the CDS option
				  be immediately terminated.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.407 - Termination of Participation in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.409 - Re-enrollment for Participation in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) Following suspension or termination of
				  participation in the CDS option, an individual or LAR must request
				  re-enrollment in the CDS option by notifying the individual's case manager or
				  service coordinator.
(b) If an
				  individual or LAR wishes to re-enroll in the CDS option, the case manager or
				  service coordinator must:
(1) review the
				  reason that the individual was suspended or terminated from the CDS
				  option;
(2) verify that the
				  individual has fulfilled the minimum 90-day period and any conditions specified
				  by the individual's service planning team or a hearing officer, if
				  applicable;
(3) verify how each
				  issue that contributed to the suspension or termination has been resolved;
				  and
(4) refer the request for
				  re-enrollment in the CDS option to the individual's service planning team and
				  follow requirements of the individual's program, including:
(A) revising the individual's service plan
				  and re-enrolling the individual in the CDS option upon approval; and
(B) issuing a denial and providing
				  information related to requesting a fair hearing if the request is not
				  approved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter D - ENROLLMENT, TRANSFER, SUSPENSION, AND TERMINATION › Section 41.409 - Re-enrollment for Participation in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter E - BUDGETS › Section 41.501 - Budget Development

Current through Reg. 49, No. 28; July 12, 2024
(a) The employer
				  or DR, with assistance obtained from the CDSA or others, must:
(1) develop a budget for each program service
				  to be delivered through the CDS option;
(2) project expenditures of funds allocated
				  in the individual's authorized service plan for the effective period of the
				  service plan;
(3) use applicable
				  budget workbooks available through DADS at
				  www.dads.state.tx.us/business/communitycare/cds/CDSforms.html;
(4) request assistance from the CDSA as
				  needed;
(5) submit each budget to
				  the CDSA for review; and
(6) obtain
				  written approval for each budget from the CDSA before initiating services or
				  making purchases for payment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter E - BUDGETS › Section 41.503 - Financial Management Services

Current through Reg. 49, No. 28; July 12, 2024
An employer or DR must budget the amount established by the
					 Health and Human Services Commission for payment of FMS delivered by the CDSA
					 for each program service to be delivered through the CDS
					 option.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter E - BUDGETS › Section 41.505 - Payroll Budgeting

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer or
				  DR must, when developing a budget that includes payroll expenses for an
				  employee:
(1) budget to pay an employee who
				  is a "personal attendant," as defined in 1 TAC § 355.7051(a) (relating to
				  Base Wage for a Personal Attendant), at least the base wage specified in 1 TAC
				  § 355.7051(c), (d)(2), or (f).
(2) budget employee benefits, if chosen by
				  the employer or DR:
(A) as provided in:
(i) this chapter;
(ii) Section 1000, Wages and Benefits Plan,
				  of the
Consumer Directed Services Handbook
available at
http://www.dads.state.tx.us/handbooks/CDS/1000/index.htm
;
				  or
(iii) Appendix XI, Allowable and
				  Non-Allowable Expenditures, in the
Consumer Directed Services
				  Handbook
available at
http://www.dads.state.tx.us/handbooks/CDS/appendix/XI/index.htm
;
(B) that are in accordance with
				  requirements of the individual's program:
(i)
				  an allowable cost, as defined in §
													41.103 of
				  this chapter (relating to Definitions);
(ii) reasonable, with regard to the cost of
				  the service, good, or item; and
(iii) necessary to meet employer
				  responsibilities;
(C)
				  that are within the approved rate and spending limits established for the
				  service;
(D) that are accrued and
				  paid based on actual hours worked; and
(E) that may include any of the following:
(i) increased wages;
(ii) paid vacation;
(iii) paid holiday;
(iv) paid sick leave;
(v) medical insurance;
(vi) taxable work-related expenses;
(vii) coverage of work-related injuries or
				  illnesses for employees, including workers' compensation or options listed in
				  "Liability Notice to Applicants for Employment," Section II, of Form 1728,
				  Liability Acknowledgment;
(viii) a
				  hire-on bonus, paid when an employee is hired, and the amount budgeted for the
				  bonus must be accrued from hours worked by the person within the first three
				  months of employment;
(ix) a bonus,
				  based on the employee's job performance, that is budgeted and accrued from
				  hours worked as a portion of the budget unit rate from hours worked by the
				  employee, not to extend beyond the end date of the individual's service
				  plan;
(x) a bonus, based on the
				  employee's length of employment, with the employer, if budgeted and accrued as
				  a portion of the budget unit rate from hours worked by the employee, not to
				  extend beyond the end date of the individual's service plan; and
(xi) employer contributions for employee
				  benefits;
(3)
				  make budget revisions if necessary to compensate for payment of overtime pay
				  that must be calculated and paid in accordance with current state and federal
				  labor laws and regulations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter E - BUDGETS › Section 41.507 - Employer Support Services Budgeting

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer or DR may budget employer
				  support services and start-up expenses, through the services that are delivered
				  by one or more employees in the CDS option.
(1) Employer support services:
(A) include:
(i) employment-related expenses, as described
				  in subsection (d) of this section;
(ii) employer-related expenses, as described
				  in subsection (e) of this section; and
(iii) support consultation services, as
				  described in subsection (f) of this section when available in the individual's
				  program; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter E - BUDGETS › Section 41.509 - Budget Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer or
				  DR must, for each initial and annual budget:
(1) request assistance from the CDSA as
				  needed;
(2) complete and modify
				  budgets as directed by the CDSA; and
(3) receive written approval from the CDSA
				  before implementation of the budget and initiation of service delivery through
				  the CDS option.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter E - BUDGETS › Section 41.511 - Budget Revisions and Approval

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An employer or DR must make budget revisions if:
(1) a change to the individual's authorized
				  service plan affects funding for a program service delivered through the CDS
				  option;
(2) a budget has been or
				  will be exceeded before the end date of the service plan;
(3) authorized units, unit rate, or amount of
				  funds allocated have changed;
(4)
				  an amount paid for one or more services, goods, or items affects the approved
				  budget;
(5) strategies are added or
				  revisions are made to a service back-up plan;
(6) funds budgeted for a service back-up plan
				  are not used or needed; or
(7) the
				  CDSA, the case manager or service coordinator, the individual's service
				  planning team, or a DADS representative require a revision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter F - SUPPORT CONSULTATION SERVICES AND SUPPORT ADVISORY RESPONSIBILITIES › Section 41.601 - Support Consultation Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Support consultation, if available through the individual's program, is an
				  optional service available to an individual participating in the CDS option.
				  Support consultation is delivered to:
(1) an
				  employer;
(2) an employer's DR;
				  or
(3) an individual receiving
				  services through the CDS option if that individual will be the employer within
				  six months of the initiation of support consultation services to the
				  individual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter F - SUPPORT CONSULTATION SERVICES AND SUPPORT ADVISORY RESPONSIBILITIES › Section 41.603 - Support Advisor Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  must meet the following qualifications to be eligible to deliver support
				  consultation as a support advisor:
(1) be:
(A) at least 18 years old;
(B) a high school graduate or posses
				  certification of equivalency; and
(C) a person who does not provide a program
				  service to the individual, other than support consultation and FMS through the
				  CDS option;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter F - SUPPORT CONSULTATION SERVICES AND SUPPORT ADVISORY RESPONSIBILITIES › Section 41.603 - Support Advisor Qualifications

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter F - SUPPORT CONSULTATION SERVICES AND SUPPORT ADVISORY RESPONSIBILITIES › Section 41.605 - Support Advisor Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  support advisor must provide practical skills training in accordance with the
				  individual's service plan, including:
(1)
				  principles of self-determination;
(2) compliance requirements of the
				  individual's program as related to services delivered through the CDS
				  option;
(3) completion of forms,
				  assessments, and other documents required for the individual's program that
				  require individual or LAR input or completion;
(4) recruiting, screening, and hiring
				  workers, preparing job descriptions, verifying employment eligibility and
				  qualifications, and training for employees;
(5) completion of documents required to
				  employ an individual, retain a contractor or vendor, and manage service
				  providers;
(6) recruitment and
				  procurement of employees, contractors, and vendors;
(7) negotiations of service agreements,
				  including pricing and scheduling of services, goods, and items;
(8) management of service providers for
				  authorized program services delivered through the CDS option;
(9) effective communication, decision making,
				  and problem-solving skills to meet employer responsibilities;
(10) development, revision, and
				  implementation of service back-up plans;
(11) compliance with the individual's program
				  and this chapter;
(12) tools for
				  accessing information, resources, and assistance timely through government
				  agencies, including DADS, as needed through means available to the individual,
				  employer, or DR;
(13) contacting
				  appropriate persons or entities based on their roles, responsibilities, and
				  eligibility related to the individual's program or the CDS option, including:
(A) a case manager or service
				  coordinator;
(B) potential and
				  current service providers, including:
(i) an
				  employee;
(ii) a
				  contractor;
(iii) a
				  vendor;
(iv) a CDSA; and
(v) a support advisor;
(C) traditional program provider
				  agencies;
(D) government agencies,
				  including DADS and the Department of Family and Protective (DFPS);
				  and
(E) the employer, the
				  individual, and the DR; and
(14) ongoing employer-related
				  skills.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter G - ALLEGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION › Section 41.701 - Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) If an employer or DR knows or suspects
				  that an individual is being or has been abused, neglected, or exploited, the
				  employer or DR must:
(1) report the knowledge
				  or suspicion to DFPS:
(A) for an individual
				  who is in the HCS Program or TxHmL Program, immediately, but not later than one
				  hour, after having knowledge or suspicion by:
(i) calling the toll-free telephone number,
				  1-800-647-7418; or
(ii) using the
				  DFPS website; or
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter G - ALLEGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION › Section 41.701 - Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter G - ALLEGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION › Section 41.702 - Requirements Related to HHSC Investigations When an Alleged Perpetrator is a Service Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) If a report
				  required by §
										41.701(a) or
				  (b) of this subchapter (relating to Reporting
				  Allegations of Abuse, Neglect, or Exploitation of an Individual) alleges abuse,
				  neglect, or exploitation by a service provider; or if an employer, DR, or FMSA
				  is notified by HHSC of an allegation of abuse, neglect, or exploitation by a
				  service provider:
(1) the employer or DR
				  must:
(A) obtain immediate and ongoing
				  medical or psychological services for the individual as necessary;
(B) take actions to secure the safety of the
				  individual, including if necessary, ensuring that the alleged perpetrator does
				  not have contact with the individual until HHSC completes the investigation;
				  and
(C) when taking the actions
				  described in paragraphs (A) and (B) of this subsection, avoid compromising the
				  investigation or further traumatizing the individual;
(D) preserve and protect evidence related to
				  the allegation, including timesheets and other employee-related
				  documentation;
(E) cooperate with
				  the HHSC investigation as requested by HHSC, including providing documentation
				  and participating in an interview; and
(F) ensure that service providers comply with
				  subparagraphs (C) and (D) of this paragraph; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter G - ALLEGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION › Section 41.702 - Requirements Related to HHSC Investigations When an Alleged Perpetrator is a Service Provider

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter G - ALLEGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION › Section 41.703 - Requirements Related to HHSC Investigations When an Alleged Perpetrator is a Staff Person or a Controlling Person of an FMSA

Current through Reg. 49, No. 28; July 12, 2024
(a) If a report required by §
										41.701(c)
				  of this subchapter (relating to Reporting Allegations of Abuse, Neglect, or
				  Exploitation of an Individual) alleges abuse, neglect, or exploitation of an
				  individual by a staff person or a controlling person; or if an FMSA is notified
				  by HHSC of an allegation of abuse, neglect, or exploitation by a staff person
				  or a controlling person, the FMSA must:
(1)
				  take actions to secure the safety of the individual, including if necessary,
				  ensuring that the alleged perpetrator does not have contact with the individual
				  or any other individual receiving services from the FMSA until HHSC completes
				  the investigation; and
(2) preserve
				  and protect evidence related to the allegation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter G - ALLEGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION › Section 41.703 - Requirements Related to HHSC Investigations When an Alleged Perpetrator is a Staff Person or a Controlling Person of an FMSA

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter H - OVERSIGHT › Section 41.801 - Oversight

Current through Reg. 49, No. 28; July 12, 2024
DADS oversees roles and responsibilities of 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;
(6) a case manager; and
(7) a service coordinator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 43 - SERVICE RESPONSIBILITY OPTION › Subchapter B - RESPONSIBILITIES OF INDIVIDUALS CHOOSING TO PARTICIPATE IN THE SRO › Section 43.11 - Enrollment in the SRO

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 43 - SERVICE RESPONSIBILITY OPTION › Subchapter B - RESPONSIBILITIES OF INDIVIDUALS CHOOSING TO PARTICIPATE IN THE SRO › Section 43.12 - Service Planning in the SRO

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 43 - SERVICE RESPONSIBILITY OPTION › Subchapter B - RESPONSIBILITIES OF INDIVIDUALS CHOOSING TO PARTICIPATE IN THE SRO › Section 43.18 - Individual Responsibilities in the SRO

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 43 - SERVICE RESPONSIBILITY OPTION › Subchapter D - TERMINATION OF THE SRO › Section 43.32 - Involuntary Termination of Participation in the SRO

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 43 - SERVICE RESPONSIBILITY OPTION › Subchapter D - TERMINATION OF THE SRO › Section 43.33 - Immediate Jeopardy and Involuntary Termination of Participation in the SRO

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter A - INTRODUCTION › Section 44.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter establishes contract requirements for
					 providers and participation requirements for individuals in the Texas
					 Department of Aging and Disability Services (DADS) Consumer Managed Personal
					 Attendant Services (CMPAS) Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter A - INTRODUCTION › Section 44.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following meanings
					 when used in this chapter, unless the context clearly indicates
					 otherwise:
(1) Abuse--Any of the
				  following:
(A) physical abuse;
(B) sexual abuse; or
(C) verbal or emotional abuse.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter A - INTRODUCTION › Section 44.103 - Description of the CMPAS Program

Current through Reg. 49, No. 28; July 12, 2024
The CMPAS Program is a non-Medicaid program that provides
					 attendant care services to enhance and maintain an individual's integration
					 into the community, including participation in employment and education or
					 training opportunities, and community volunteering designed to help the
					 individual enter and remain in the workforce and in the community. The CMPAS
					 Program includes a co-payment provision based on income to allow an individual
					 to participate in the program regardless of income. The program empowers an
					 individual to self-direct services to the greatest extent possible under one of
					 three service delivery options: the traditional service option, the block grant
					 option, or the consumer directed services option.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter B - ELIGIBILITY AND SERVICE PLANS › Section 44.201 - Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				  to receive services under the CMPAS Program, an applicant must:
(1) be age 18 years of age or
				  older;
(2) obtain and submit to the
				  provider's assessor of need a completed practitioner's statement;
(3) be assessed under §
											44.203
				  of this subchapter (relating to Assessment and Eligibility Determination) as
				  needing assistance with at least one personal care task and needing an
				  allowable service for at least five hours per week;
(4) be able and willing to:
(A) self-direct the attendant; or
(B) designate a relative or friend who is
				  willing and able to direct the attendant without compensation;
(5) reside in an area in which
				  CMPAS Program services are available;
(6) have a service plan developed under
				  §
											44.203(a)(6)(A)
				  of this subchapter that does not exceed 52 hours per week of CMPAS Program
				  services;
(7) choose one of the
				  three service delivery options described in Subchapter D of this chapter
				  (relating to Service Delivery Options);
(8) not be receiving services in:
(A) a hospital;
(B) a nursing facility;
(C) a state supported living
				  center;
(D) a state mental health
				  facility; or
(E) an intermediate
				  care facility for individuals with an intellectual disability or related
				  conditions.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter B - ELIGIBILITY AND SERVICE PLANS › Section 44.202 - CMPAS Interest Lists

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC
				  maintains a CMPAS interest list for each HHSC region. An interest list contains
				  the names of applicants who are interested in receiving services through the
				  CMPAS Program.
(b) A person may
				  request that an applicant's name be added to a CMPAS interest list in an HHSC
				  region by contacting:
(1) a
				  provider;
(2) an HHSC regional
				  office, or
(3) the 2-1-1 Texas
				  Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter B - ELIGIBILITY AND SERVICE PLANS › Section 44.203 - Assessment and Eligibility Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 30 days after the provider
				  receives a referral from DADS regional office, the provider must:
(1) ensure that the assessor of need conducts
				  an initial on-site assessment with the applicant;
(2) determine CMPAS Program eligibility in
				  accordance with §
											44.201 of
				  this subchapter (relating to Eligibility Criteria);
(3) inform the applicant, both orally and in
				  writing, of all applicable publicly funded programs that offer attendant
				  services and allow the applicant to choose whether to participate in
				  CMPAS;
(4) keep in the applicant's
				  record a written record of the notification given in accordance with paragraph
				  (3) of this subsection and the applicant's signed and dated acknowledgement and
				  choice document;
(5) assess the
				  applicant's service needs by using the DADS Needs Assessment Questionnaire and
				  Task/Hour Guide form available at www.dads.state.tx.us; and
(6) for an eligible applicant:
(A) develop a service plan based on the
				  results of the assessment questionnaire that:
(i) includes the number of hours and tasks
				  negotiated between the applicant and the assessor of need; and
(ii) is agreed to and signed by the applicant
				  and assessor of need;
(B) determine with the applicant the amount
				  of the applicant's co-payment under §
												44.501
				  of this chapter (relating to Determining an Individual's Co-payment) and
				  explain to the applicant that making co-payments is required to remain eligible
				  for CMPAS;
(C) explain orally and
				  give written information to the applicant on the available service delivery
				  options described in Subchapter D of this chapter (relating to Service Delivery
				  Options);
(D) have the applicant
				  sign and date a service delivery option choice document; and
(E) keep the signed and dated service
				  delivery choice document in the applicant's file.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter B - ELIGIBILITY AND SERVICE PLANS › Section 44.204 - Reassessments

Current through Reg. 49, No. 28; July 12, 2024
A provider must reassess an individual annually and any
					 time there is a change in the individual's status, as follows:
(1) Annual reassessments. A provider must
				  annually reassess an individual in accordance with §
										44.203
				  of this subchapter (relating to Assessment and Eligibility Determination). The
				  provider must complete each on-site annual reassessment no later than one year
				  after the service initiation date and no later than one year after each
				  reassessment.
(2) Reassessment upon
				  change in individual status. When a provider learns that an individual's status
				  may have changed in a way that may affect the individual's eligibility for or
				  receipt of services, the provider must reassess the individual. In doing so,
				  the provider may consider only those factors in §
										44.203
				  of this subchapter that have changed since the previous assessment. A change in
				  individual status that requires reassessment may include a change in:
(A) income, deductions, or exclusions;
				  or
(B) the individual's need for
				  attendant care services, the service plan, or the hours of service.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter B - ELIGIBILITY AND SERVICE PLANS › Section 44.205 - Service Plan Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  individual and the assessor of need must agree to and sign a service plan
				  change.
(b) A provider must:
(1) implement a change to an individual's
				  co-payment to be effective on the first day of the month following a
				  reassessment;
(2) notify the DADS
				  regional designee in writing of a service plan change within seven days after
				  the completion of a reassessment using a single document that contains:
(A) the date the notification document was
				  completed;
(B) the contract
				  number;
(C) the service plan change
				  and effective date of the service plan change;
(D) the name of the individual;
(E) the service tasks assigned to the
				  individual's attendant;
(F) the
				  name of the assessor of need;
(G)
				  the service schedule;
(H) the
				  signature of the assessor of need; and
(I) the date the notification document was
				  signed;
(3) provide a
				  copy of the service plan change to the individual including, if applicable, a
				  notice of the right to a fair hearing;
(4) document a service plan change:
(A) in the individual's file; and
(B) according to the terms of the contract;
				  and
(5) implement a
				  service plan change within three days after notification by the DADS regional
				  designee that the service plan has been entered into the service authorization
				  system.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter B - ELIGIBILITY AND SERVICE PLANS › Section 44.206 - Service Plan and Co-payment Disagreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Service plan disagreements. If a provider
				  and individual disagree on the number of hours of service or service tasks to
				  be on the individual's service plan:
(1) the
				  provider must offer the individual orally and in writing an informal dispute
				  resolution (IDR) process through a meeting of the individual's IDT;
				  and
(2) if the individual disagrees
				  with the provider's decision after going through the IDR process, the
				  individual may request a fair hearing as provided in §
											44.503 of
				  this chapter (relating to Fair Hearing).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter C - SERVICE DELIVERY IN ALL CMPAS OPTIONS › Section 44.301 - Initiation of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) When CMPAS
				  Program funding becomes available in a DADS region, the DADS regional designee:
(1) refers to the region's provider the
				  applicant whose interest list request date, assigned in accordance with §
											44.202(e)
				  of this chapter (relating to CMPAS Interest Lists), is earliest on the region's
				  CMPAS interest list; and
(2)
				  informs the provider of any other DADS program services the applicant is
				  receiving, the cost of those services, and the approved service period for
				  those services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter C - SERVICE DELIVERY IN ALL CMPAS OPTIONS › Section 44.302 - Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options

Current through Reg. 49, No. 28; July 12, 2024
To participate as a provider in the CMPAS Program, the
					 providermust:
(1) maintain a license
				  from HHSC under 26 TAC Chapter 558 (relating to Licensing Standards for Home
				  and Community Support Services Agencies) in one or more of the following
				  categories of licensure:
(A) personal
				  assistance services;
(B) licensed
				  home health services; or
(C)
				  licensed and certified home health services;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES › Subchapter C - SERVICE DELIVERY IN ALL CMPAS OPTIONS › Section 44.303 - Attendant Qualifications

Current through Reg. 49, No. 28; July 12, 2024
For a person to be an attendant in the CMPAS Program, the
					 person must:
(1) be age 18 years of
				  age or older;
(2) be able to work
				  part or all of the hours needed by the individual;
(3) agree to be interviewed by the
				  individual;
(4) have reliable
				  transportation to the individual's home;
(5) demonstrate to the satisfaction of the
				  individual that the person is capable of performing the tasks included in the
				  individual's service plan, including being able to take direction from the
				  individual or the individual's representative; and
(6) meet the requirements for unlicensed
				  personnel at §
										97.247
				  of this title (relating to Verification of Employability and Use of Unlicensed
				  Persons) and the requirements of Texas Health and Safety Code, Chapter 250
				  concerning nurse aid registry and criminal history checks.