| (a) A DSA must ensure that a service provider of employment
assistance and a service provider of supported employment meets the
qualifications described in §259.355(d)(18) of this subchapter
(relating to Qualifications of DSA Staff Persons).
(b) Before including employment assistance on an individual's
IPC, a DSA must ensure and maintain documentation in the individual's
record that employment assistance is not available to the individual
under a program funded under §110 of the Rehabilitation Act of
1973 or under a program funded under the Individuals with Disabilities
Education Act (20 U.S.C. §1401 et seq.).
(c) A DSA must ensure that employment assistance:
(1) consists of an employment assistance service provider
performing the following activities:
(A) identifying an individual's employment preferences,
job skills, and requirements for a work setting and work conditions;
(B) locating prospective employers offering employment
compatible with the individual's identified preferences, skills, and
requirements;
(C) contacting a prospective employer on behalf of
the individual and negotiating the individual's employment;
(D) transporting the individual to help the individual
locate competitive employment in the community; and
(E) participating in service planning team meetings;
(2) is not provided to an individual with the individual
present at the same time that respite, transportation as a habilitation
activity, prevocational services, supported employment, or CFC PAS/HAB
is provided; and
(3) does not include using Medicaid funds paid by HHSC
to the DSA for incentive payments, subsidies, or unrelated vocational
training expenses, such as:
(A) paying an employer:
(i) to encourage the employer to hire an individual;
or
(ii) to supervise, train, support, or make adaptations
for an individual that the employer typically makes available to other
workers without disabilities filling similar positions in the business;
or
(B) paying the individual:
(i) as an incentive to participate in employment assistance
activities; or
(ii) for expenses associated with the start-up costs
or operating expenses of an individual's business.
(d) Before including supported employment on an individual's
IPC, a DSA must ensure and maintain documentation in the individual's
record that supported employment is not available to the individual
under a program funded under the Individuals with Disabilities Education
Act (20 U.S.C. §1401 et seq.).
(e) A DSA must ensure that supported employment:
(1) consists of a supported employment service provider
performing the following activities:
(A) making employment adaptations, supervising, and
providing training related to an individual's assessed needs;
(B) transporting the individual to support the individual
to be self-employed, work from home, or perform in a work setting;
and
(C) participating in service planning team meetings;
(2) is not provided to an individual with the individual
present at the same time that respite, transportation as a habilitation
activity, prevocational services, employment assistance, or CFC PAS/HAB
is provided; and
(3) does not include:
(A) sheltered work or other similar types of vocational
services furnished in specialized facilities; or
(B) using Medicaid funds paid by HHSC to the DSA for
incentive payments, subsidies, or unrelated vocational training expenses,
such as:
(i) paying an employer:
(I) to encourage the employer to hire an individual;
or
(II) to supervise, train, support, or make adaptations
for an individual that the employer typically makes available to other
workers without disabilities filling similar positions in the business;
or
(ii) paying the individual:
(I) as an incentive to participate in supported employment
activities; or
(II) for expenses associated with the start-up costs
or operating expenses of an individual's business.
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