Section 260.341 - Employment Services(a) A program provider must ensure that a service provider of employment assistance or a service provider of supported employment meets the qualifications described in § 260.203(g) of this chapter (relating to Qualifications of Program Provider Staff).(b) Before including employment assistance on an individual's IPC, a program provider 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 program provider must ensure that employment assistance:(1) consists of a 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 an individual's identified preferences, skills, and requirements;(C) contacting a prospective employer on behalf of an 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 provided in accordance with the individual's IPC and with Appendix C of the DBMD waiver application approved by CMS and available on the HHSC website;(3) is not provided to an individual with the individual present at the same time that one of the following services is provided:(B) transportation provided as a residential habilitation activity;(C) supported employment;(4) does not include using Medicaid funds paid by HHSC to a program provider 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) for supervision, training, support, or 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 program provider 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 program provider must ensure that supported employment:(1) consists of a 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 provided in accordance with the individual's IPC and with Appendix C of the DBMD waiver application approved by CMS and available on the HHSC website;(3) is not provided to an individual with the individual present at the same time that one of the following services are provided:(B) transportation provided as a residential habilitation activity;(C) employment assistance;(4) 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 a program provider 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.(f) Employment readiness: (1) is assistance that prepares an individual to participate in employment;(2) provides the following person-centered activities: (A) teaching generalized habilitative skills necessary to prepare an individual to participate in employment;(B) training in the use of adaptive equipment necessary to obtain and retain employment skills; and(C) achieving generalized vocational goals consistent with the outcomes identified in an individual's IPP;(3) is not job-task oriented;(4) includes activities for which an individual is compensated in accordance with applicable laws and regulations;(5) provides personal assistance for an individual who cannot manage personal care needs during employment readiness activities; and(6) includes: (A) transportation between an individual's place of residence and an employment readiness location;(B) transportation from one employment readiness location to another employment readiness location; and(C) securing transportation as described in paragraph (6)(A) or (6)(B) of this subsection.(g) A program provider may provide employment readiness to an individual only if the individual's service planning team does not expect the individual to be competitively employed within one year after the date employment readiness begins.(h) A program provider may not provide employment readiness to an individual who is: (1) receiving supported employment; or(2) engaged in competitive employment.(i) Before employment readiness is included on an individual's enrollment IPC, renewal IPC, or revised IPC, a program provider must ensure: (1) an HHS Employment First Discovery Tool is completed in accordance with § 284.105 of this title (relating to Uniform Process) and supports the provision of employment readiness to the individual; and(2) documentation is maintained in the individual's record that employment readiness is not available to the individual under a program funded under §110 of the Rehabilitation Act of 1973 or a program funded under the Individuals with Disabilities Education Act (20 U.S.C. § 1401 et seq.).26 Tex. Admin. Code § 260.341
Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0915, eff. 2/26/2023; Amended by Texas Register, Volume 49, Number 51, December 20, 2024, TexReg 10350, eff. 1/1/2025