Texas Register, Volume 38, Number 25, Pages 3857-4052, June 21, 2013 Page: 3,924
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(K) instructions to provide only authorized tasks in ac-
cordance to the service plan, unless the individual pays for additional
time with the individual's own funds;
(5) send a substitute attendant at the individual's request;
(6) for any individual the provider learns is failing to fully
perform any duty the individual is required to perform as the attendant's
employer of record:
(A) counsel the individual regarding the consequences
of noncompliance;
(B) offer the individual the choice of another CMPAS
Program option; and
(C) consider suspending services as provided by
44.308 of this chapter (relating to Suspension of Services) if the
individual does not choose the traditional service option and does not
perform the duties as employer of record.
44.422. Individual Responsibilities in the Block Grant Option.
In the block grant option, an individual must comply with the responsi-
bilities listed in 44.307 of this chapter (relating to Individual Respon-
sibilities in All CMPAS Service Delivery Options) and must:
(1) select, hire, and pay his or her own attendants as the
employer of record;
(2) resolve any employment-related problems or disagree-
ments directly with his or her attendant;
(3) not discriminate against an attendant or applicant in vi-
olation of law;
(4) assume liability for work-related attendant injuries and
responsibility for work-related attendant conduct to the same extent as
any employer;
(5) spend funds received from the provider that were reim-
bursed under 44.505 of this chapter (relating to Reimbursement) only
on attendant wages, employment-related tax payments, and employee
benefits;
(6) prepare and sign an agreement with the attendant thatincludes:
ual;(A) the tasks the attendant is to perform for the individ-
(B) the schedule the attendant will work for the individ-
ual;
(C) the hourly rate, at or above the minimum required
by law, the individual will pay the attendant;
(D) the schedule the individual will pay the attendant
(at least twice per month);
(E) the reasons the individual may terminate the atten-
dant's employment; and
(F) a requirement that the attendant provide the individ-
ual at least 24 hours advance notice if unable to work a scheduled shift;
(7) supervise the attendant's recording of hours worked, in-
cluding signing, dating, and submitting the attendant's time sheet to the
provider on or after the last day of the reporting period during which
services were provided; and
(8) submit to the provider, within 30 days after filing,
copies of any employment-related government forms the individual
files for his or her employees as the employer of record, including allrequired Internal Revenue Service obligations and required reports to
the Texas Workforce Commission.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 10, 2013.
TRD-201302349
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: July 21, 2013
For further information, please call: (512) 438-4466
DIVISION 3. CONSUMER DIRECTED OPTION
40 TAC 44.440 - 44.442
STATUTORY AUTHORITY
The new sections are proposed under Texas Government
Code, 531.0055, which provides that the HHSC executive
commissioner shall adopt rules for the operation and provision
of services by the health and human services agencies, in-
cluding DADS; and Texas Human Resources Code, 161.021,
which provides that the Aging and Disability Services Council
shall study and make recommendations to the HHSC executive
commissioner and the DADS commissioner regarding rules
governing the delivery of services to persons who are served or
regulated by DADS.
The new sections implement Texas Government Code,
531.0055, and Texas Human Resources Code, 161.021.
44.440. Description of the Consumer Directed Services Option.
In the consumer directed services option, an individual is the employer
of record for an attendant and substitute attendant but the provider is
responsible for payroll for attendants and substitute attendants and fil-
ing tax-related reports for attendants and substitute attendants.
44.441. Provider Responsibilities in the Consumer Directed Ser-
vices Option.
In the consumer directed services option, a provider must comply with
the responsibilities listed in 44.302 of this chapter (relating to Provider
Qualifications and Responsibilities in All CMPAS Service Delivery
Options) and must provide financial management services on behalf
of the individual:
(1) approving and monitoring a budget for services deliv-
ered through the consumer directed services option;
(2) managing payroll, including calculating employee
withholdings and employer contributions and depositing the funds
with the appropriate agencies;
(3) complying with applicable government regulations
concerning employee withholding, garnishments, mandated withhold-
ing, and benefits;
(4) preparing and filing required tax forms and reports;
(5) paying allowable expenses incurred by the individual;
(6) obtaining employer-agent status with the Internal Rev-
enue Service, the Texas Workforce Commission, and any other appro-
priate government agencies within the time frame established by each
agency;38 TexReg 3924 June 21, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 25, Pages 3857-4052, June 21, 2013, periodical, June 21, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313177/m1/68/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.