Current through Reg. 49, No. 38; September 20, 2024
(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:
(A) day habilitation;
(B) transportation provided as a residential
habilitation activity;
(C)
supported employment;
(D) respite;
or
(E) CFC PAS/HAB;
and
(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:
(A) day habilitation;
(B) transportation provided as a residential
habilitation activity;
(C)
employment assistance;
(D) respite;
or
(E) CFC PAS/HAB; and
(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.
