This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:45 GMT

TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 275 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES (CMPAS) PROGRAM
SUBCHAPTER D - SERVICE DELIVERY OPTIONS
SECTION/RULE §275.153 - Provider Responsibilities in the CDS Option
Chapter Review Date 05/28/2024

In the CDS option, a provider must:(1) comply with the requirements of §44.302 of this chapter (relating to Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options);(2) function as an FMSA to provide financial management services to an individual;(3) approve and monitor a budget for services delivered through the CDS option;(4) manage payroll, including calculating employee withholdings and employer contributions and depositing the funds with the appropriate agencies;(5) comply with applicable government regulations concerning employee withholding, garnishments, mandated withholding, and benefits;(6) prepare and file required tax forms and reports;(7) pay allowable expenses incurred by the individual;(8) obtain employer-agent status with the Internal Revenue Service, the Texas Workforce Commission, and any other appropriate government agencies within the time frame established by each agency;(9) perform all employer-agent responsibilities required by government agencies that regulate the relationship between the employer-agent and the individual acting as the employer of record, and maintain an original or a copy of each form required to document compliance; and(10) attend, at least annually, HHSC's training for FMSAs.

Source Note: The provisions of this §275.153 adopted to be effective October 1, 2013, 38 TexReg 6606; amended to be effective October 1, 2019, 44 TexReg 5106; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983.

View Official Rule