Section 264.107 - Overview 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.26 Tex. Admin. Code § 264.107
Transferred from 40 TAC § 41.107 Texas Register, Volume 49, Number 28, July 12, 2024, TexReg 4433, eff. 9/1/2024