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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 264 - CONSUMER DIRECTED SERVICES OPTION
SUBCHAPTER A - INTRODUCTION
SECTION/RULE §264.107 - Overview of the CDS Option

(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.(b) If an individual or LAR elects to participate in the CDS option, the individual or LAR:(1) selects a CDSA to provide FMS;(2) with the assistance of the CDSA, budgets funds allocated in the individual's service plan for delivery through the CDS option; and(3) recruits, screens, hires, trains, manages, and terminates service providers.(c) An individual or LAR, as the employer, may appoint in writing a willing adult as the DR to assist in performing employer responsibilities.

Source Note: The provisions of this §264.107 adopted to be effective January 1, 2007, 31 TexReg 10352; transferred effective September 1, 2024, as published in the July 12, 2024, issue of the Texas Register, 49 TexReg 5177.

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