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RULE §43.22SRO Provider Responsibilities

(a) At the initial meeting with an individual, an SRO provider must:

  (1) negotiate a management agreement with the individual;

  (2) discuss and approve a service back-up plan with the individual;

  (3) provide SRO provider time sheets to the individual and explain the submission process, including how frequently time sheets must be completed and submitted; and

  (4) orient the individual to the SRO provider's evaluation process, including forms and the schedule for evaluating service providers.

(b) During service provider selection, the SRO provider must:

  (1) screen a potential service provider, including conducting criminal history and registry checks in accordance with §49.304 of this title (relating to Background Checks); and

  (2) send potential service providers, including those recommended by the individual, to the individual to interview.

(c) When the individual has selected a service provider, the SRO provider must:

  (1) explain the SRO to the service provider, including that the SRO provider is the employer of record and that the individual is the daily manager of services;

  (2) explain to the service provider that if the service provider has health or safety concerns about the individual and cannot resolve the issue after talking with the individual, the service provider must contact the SRO provider; and

  (3) provide basic training and orientation to service providers regarding comprehensive precautions, SRO provider policies, complaint procedures, and emergency procedures.

(d) After services have begun, the SRO provider must:

  (1) receive and process time sheets from the service provider;

  (2) send a back-up service provider, within the time frame required by an individual's program, if requested by the individual or if the individual does not implement the service back-up plan; and

  (3) send new potential service providers, within the time frame required by an individual's program, to interview at the individual's request.

(e) The SRO provider must:

  (1) notify a case manager or service coordinator of issues or concerns related to an individual's participation in the SRO:

    (A) immediately if possible, but at least within 24 hours after becoming aware of:

      (i) allegations of abuse, neglect, exploitation, or fraud; or

      (ii) concerns about the individual's health, safety, or welfare; and

    (B) within seven days after becoming aware of:

      (i) non-delivery of services or extended breaks in services;

      (ii) noncompliance with SRO management responsibilities;

      (iii) noncompliance with a service back-up plan; or

      (iv) over- or under-utilization of services or funds allocated in the individual's service plan for delivery of services to the individual through the SRO and in accordance with the requirements of the individual's program; and

  (2) document any issues or concerns related to an individual's participation in the SRO on DADS' Case Information form.

Source Note: The provisions of this §43.22 adopted to be effective January 1, 2009, 33 TexReg 10510; amended to be effective September 1, 2014, 39 TexReg 6629

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