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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 41CONSUMER DIRECTED SERVICES OPTION
SUBCHAPTER AINTRODUCTION
RULE §41.107Overview of the CDS Option

(a) An individual or LAR may elect the CDS option if:

  (1) the individual's program offers the CDS option;

  (2) one or more program services in the individual's authorized service plan are available for delivery through the CDS option;

  (3) the individual or LAR agrees to perform, or to appoint a DR to perform, the employer responsibilities required for participation in the CDS option;

  (4) the individual or LAR selects a CDSA to provide FMS; and

  (5) the individual or LAR has developed and received approval from the service planning team for each required service back-up plan.

(b) If an individual or LAR elects to participate in the CDS option, the individual or LAR:

  (1) selects a CDSA to provide FMS;

  (2) with the assistance of the CDSA, budgets funds allocated in the individual's service plan for delivery through the CDS option; and

  (3) recruits, screens, hires, trains, manages, and terminates service providers.

(c) An individual or LAR, as the employer, may appoint in writing a willing adult as the DR to assist in performing employer responsibilities.


Source Note: The provisions of this §41.107 adopted to be effective January 1, 2007, 31 TexReg 10352

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