An individual receiving services in the PHC Program, CAS Program,
or FC Program may choose one of the following three service delivery
options.
(1) Agency option. In the agency option:
(A) the provider is responsible for personnel decisions,
such as selecting, supervising, and dismissing the attendant who provides
services to the individual, with input from the individual;
(B) the provider is responsible for:
(i) recruitment of attendants and substitute attendants,
a responsibility the individual may share;
(ii) payroll for attendants and substitute attendants;
and
(iii) filing tax-related reports of attendants and
substitute attendants;
(C) the provider is the employer of record of attendants
and substitute attendants; and
(D) the provider is responsible for providing substitute
attendants.
(2) Consumer directed services (CDS) option. In the
CDS option, as described in Chapter 41 of this title (relating to
Consumer Directed Services Option):
(A) the individual recruits, hires, manages, and fires
attendants;
(B) the individual is the employer of record of his
or her attendant and substitute attendant;
(C) the individual is responsible for providing substitute
attendants; and
(D) the FMSA is responsible for financial management
services, including:
(i) registering as the individual's employer-agent
with the Internal Revenue Service and the Texas Workforce Commission;
(ii) managing payroll for attendants and substitute
attendants, including filing tax-related reports;
(iii) tracking expenditures; and
(iv) submitting quarterly expenditure reports to the
employer and case worker; and
(E) the FMSA is not required to be licensed under 26
TAC Chapter 558 (relating to Licensing Standards for Home and Community
Support Services Agencies) when performing the functions described
in subparagraph (D) of this paragraph.
(3) Service responsibility option (SRO). In the SRO,
as described in Chapter 43 of this title (relating to Service Responsibility
Option):
(A) the individual selects, manages, supervises, and
dismisses attendants;
(B) the provider is the employer of record for the
attendant and substitute attendant;
(C) the provider is responsible for:
(i) providing substitute attendants if necessary;
(ii) managing payroll for attendants and substitute
attendants; and
(iii) filing tax-related reports of attendants and
substitute attendants;
(D) the individual and supervisor must negotiate the
frequency of supervisory visits;
(E) the individual is responsible for the new attendant
orientation; and
(F) the provider is required to be licensed under 26
TAC Chapter 558 if performing the functions described in subparagraph
(C) of this paragraph.
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