Current through Reg. 49, No. 38; September 20, 2024
(a) A DSA must
ensure that a service provider of employment assistance and a service provider
of supported employment meets the qualifications described in §
259.355(d)(18) of
this subchapter (relating to Qualifications of DSA Staff Persons).
(b) Before including employment assistance on
an individual's IPC, a DSA 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 DSA must ensure that employment
assistance:
(1) consists of an employment
assistance 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 the individual's
identified preferences, skills, and requirements;
(C) contacting a prospective employer on
behalf of the 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 not provided to an individual with the
individual present at the same time that respite, transportation as a
habilitation activity, prevocational services, supported employment, or CFC
PAS/HAB is provided; and
(3) does
not include using Medicaid funds paid by HHSC to the DSA 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) 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
(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 DSA 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 DSA must ensure that
supported employment:
(1) consists of a
supported employment 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 not provided to an individual with the
individual present at the same time that respite, transportation as a
habilitation activity, prevocational services, employment assistance, or CFC
PAS/HAB is provided; and
(3) 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 the DSA 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.
