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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 41CONSUMER DIRECTED SERVICES OPTION
SUBCHAPTER FSUPPORT CONSULTATION SERVICES AND SUPPORT ADVISORY RESPONSIBILITIES
RULE §41.601Support Consultation Services

(a) Support consultation, if available through the individual's program, is an optional service available to an individual participating in the CDS option. Support consultation is delivered to:

  (1) an employer;

  (2) an employer's DR; or

  (3) an individual receiving services through the CDS option if that individual will be the employer within six months of the initiation of support consultation services to the individual.

(b) Support consultation is provided by a person who meets the qualifications of a support advisor. A support advisor may be:

  (1) a contractor of the employer; or

  (2) an employee or contractor of:

    (A) a CDSA; or

    (B) another entity.

(c) Support consultation must provide:

  (1) a level of training, assistance, and support that does not duplicate or replace the services delivered through FMS, case management services, or other available program or non-program service or resource;

  (2) practical skills training and assistance to successfully manage service providers for authorized program services delivered through the CDS option; and

  (3) skills training and assistance for:

    (A) recruiting, screening, and hiring workers;

    (B) developing and documenting job descriptions;

    (C) verifying employment eligibility and qualifications;

    (D) completing documents required to:

      (i) employ an individual;

      (ii) retain a contractor or vendor; and

      (iii) manage service providers;

    (E) communicating effectively, solving problems, and documenting employer responsibilities in the CDS option;

    (F) developing, revising, and implementing service back-up plans;

    (G) performing employer responsibilities;

    (H) complying with the individual's program and this chapter; and

    (I) developing ongoing decision making skills for employer-related and employment-related situations.

(d) An employer or DR may budget and initiate support consultation services while the individual is participating in the CDS option. Before initiation of the service, the employer or DR must:

  (1) identify the person or persons (the employer, the DR, or the individual within six months after becoming the employer) to receive the service and establish goals specific to the service;

  (2) obtain approval of the goals established for the service from the individual's service planning team;

  (3) develop a budget for support consultation; and

  (4) obtain approval of the budget from the CDSA.

(e) An employer or DR, a case manager or service coordinator, a CDSA, or a DADS representative may recommend that the individual's service planning team approve support consultation services for an individual if:

  (1) the individual receiving services through the CDS option will become the employer within six months after the service is initiated;

  (2) the employer or DR demonstrate a need for the service;

  (3) the individual's health and welfare may regress without additional support for managing and directing service providers; or

  (4) other reasons that the service planning team has determined justify the need for the service.

(f) If the individual's service planning team authorizes support consultation, the team must:

  (1) approve the funds, the duration, and the frequency of the service;

  (2) assist with development of goals and ensure that the activities required to meet the goals through support consultation comply with this chapter;

  (3) approve the goals for support consultation and the person or persons who will receive the service (the individual, employer, or DR); and

  (4) terminate the service when goals are met.


Source Note: The provisions of this §41.601 adopted to be effective January 1, 2007, 31 TexReg 10352

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