40 Tex. Admin. Code § 44.441

Current through Reg. 50, No. 1; January 3, 2025
Section 44.441 - Provider Responsibilities in the CDS Option

In the CDS option, a provider must:

(1) comply with the requirements of § 44.302 of this chapter (relating to Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options);
(2) function as an FMSA to provide financial management services to an individual;
(3) approve and monitor a budget for services delivered through the CDS option;
(4) manage payroll, including calculating employee withholdings and employer contributions and depositing the funds with the appropriate agencies;
(5) comply with applicable government regulations concerning employee withholding, garnishments, mandated withholding, and benefits;
(6) prepare and file required tax forms and reports;
(7) pay allowable expenses incurred by the individual;
(8) obtain employer-agent status with the Internal Revenue Service, the Texas Workforce Commission, and any other appropriate government agencies within the time frame established by each agency;
(9) perform all employer-agent responsibilities required by government agencies that regulate the relationship between the employer-agent and the individual acting as the employer of record, and maintain an original or a copy of each form required to document compliance; and
(10) attend, at least annually, HHSC's training for FMSAs.

40 Tex. Admin. Code § 44.441

The provisions of this §44.441 adopted to be effective October 1, 2013, 38 TexReg 6606; Amended by Texas Register, Volume 44, Number 37, September 13, 2019, TexReg 5114, eff. 10/1/2019