(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).
(b) If nursing services are included on the service
plan, the employer or DR must:
(1) if the employer or DR hires an RN to deliver the
service, obtain a completed HHSC Form 1747, Acknowledgment of Nursing
Requirements, from the RN before the RN provides nursing services
to the individual;
(2) if the employer or DR hires a licensed vocational
nurse (LVN) to deliver the service, obtain a completed HHSC Form 1747
from the LVN before the LVN provides nursing services to the individual;
(3) maintain completed HHSC Forms 1747 in the individual's
home and send a copy of the completed forms to the FMSA before delivery
of nursing services; and
(4) if program rules require that the individual's
program provider's nurse complete the initial and annual nursing assessment:
(A) provide a copy of the program provider's nursing
assessment, including the number of nursing hours authorized, to the
CDS nurse; and
(B) if the CDS nurse disagrees with the number of authorized
nursing hours, ensure that the CDS nurse provides justification to
the service planning team for consideration and a possible service
plan revision.
(c) If HHSC determines that an employer or DR is not
in compliance with this section, HHSC may require the employer to
develop and implement a corrective action plan in accordance with §41.221
of this subchapter (relating to Corrective Action Plans).
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