(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
(B) exclude non-allowable expenditures listed in Appendix
XI, Allowable and Non-Allowable Expenditures, in the Consumer Directed Services Handbook available
at http://www.dads.state.tx.us.
(2) Start-up expenses must be:
(A) budgeted for purchases projected before the delivery
of services through the CDS option; and
(B) accrued from the budgeted unit rate for services
scheduled for delivery through the CDS option within the first three
months of initiation of the CDS option.
(b) An employer or DR:
(1) may budget up to 10 percent of the amount available,
after the FMSA portion is calculated, in those services delivered
by one or more employees;
(2) must not budget more than $600 annually or more
than $50 per month if less than 12 months remain in the service plan
for employer support services, including:
(A) employment-related expenses; and
(B) employer-related expenses;
(3) must not budget more than the remaining amount
of the 10 percent maximum for support consultation services; and
(4) may budget any remaining amount in the affected
program service for employee compensation.
(c) An employer or DR must, for funds remaining in
employer support services, budget the remaining funds to:
(1) employee compensation (wages and benefits); or
(2) with approval of the individual's service planning
team, support consultation services in accordance with subsection
(f) of this section and Subchapter F of this chapter (relating to
Support Consultation Services and Support Advisor Responsibilities).
(d) An employer or DR may budget allowable, necessary,
and reasonable employment-related services, goods, or items, including:
(1) recruiting expenses;
(2) obtaining a criminal history report from the Texas
Department of Public Safety, except for the report of an applicant
or employee who is:
(A) only providing CFC PAS/HAB; or
(B) providing support consultation to an individual
who is receiving only CFC PAS/HAB through the CDS option;
(3) purchased employee job-specific training;
(4) cardio-pulmonary resuscitation training;
(5) first-aid training;
(6) supplies required for an employee or provider of
the service to perform a task, if not available through the individual's
program or other source and the purchase is allowable through the
individual's program;
(7) non-taxable employee benefits; and
(8) services, goods, and items specifically approved
by the individual's program as an employer support service or included
as allowable expenditures in 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.
(e) An employer or DR may budget employer-related services,
goods, or items required to meet employer responsibilities, including:
(1) basic office equipment, which may include a basic
fax machine for the purpose of submitting documents to the FMSA;
(2) mailing costs;
(3) expenses related to making copies;
(4) file folders and envelopes; and
(5) services, goods, and items specifically approved
by the individual's program as an employer support service or included
as allowable expenditures in Appendix XI, Allowable and Non-Allowable
Expenditures, in the Consumer Directed Services
Handbook.
(f) If support consultation services are approved by
the individual's service planning team, the employer or DR must budget
the service within the spending limits in subsection (b) of this section
for employer support services and obtain approval of the budget from
the FMSA before implementation of the service.
(g) An employer or DR must, before requesting additional
funds available for support consultation:
(1) provide the individual's case manager or service
coordinator with justification for the specific services requested
through support consultation;
(2) verify with the case manager or service coordinator
the availability of non-program resources for the requested service;
and
(3) obtain approval from the individual's service planning
team for additional funds for support consultation in accordance with
subsection (h) of this section.
(h) If the service planning team approves additional
funds for support consultation, the team must reallocate funds within
the individual's service plan without increasing the total cost of
the individual's service plan.
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