Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 264 - CONSUMER DIRECTED SERVICES OPTION
Subchapter C - ENROLLMENT AND RESPONSIBILITIES OF FINANCIAL MANAGEMENT SERVICES AGENCIES (FMSAS)
Section 264.301 - Contracting as an FMSA
Universal Citation: 26 TX Admin Code § 264.301
Current through Reg. 50, No. 13; March 28, 2025
(a) An FMSA must:
(1) comply with Chapter 49 of this title
(relating to Contracting for Community Services);
(2) have at least one eligible employee or
contractor to provide support consultation services as defined in Subchapter F
of this chapter (relating to Support Consultation Services and Support Advisory
Responsibilities);
(3) operate as a
Vendor Fiscal/Employer Agent (VF/EA) in accordance with §
3504 of the Internal Revenue Code;
and
(4) participate in all
mandatory training provided or authorized by HHSC.
(b) An FMSA must not:
(1) use a third party to file and report
payroll taxes to the Internal Revenue Service on behalf of an
employer;
(2) provide FMS to an
individual who is receiving case management services or service coordination
from the FMSA or a controlling person, as defined in § 49.102 of this
title (relating to Definitions) of the FMSA, except in the Consumer Managed
Personal Attendant Services program.
(c) An individual receiving FMS, the individual's LAR, or DR, must not be:
(1) the
individual's FMSA; or
(2) a
controlling person, as deined in § 49.102 of this title, of the
individual's FMSA.
(d) An FMSA must:
(1) conduct training to ensure a
staff person is:
(A) knowledgeable of:
(i) acts that constitute abuse, neglect, and
exploitation;
(ii) signs and
symptoms of abuse, neglect, and exploitation; and
(iii) methods to prevent abuse, neglect, and
exploitation;
(B)
instructed to report an allegation of abuse, neglect, or exploitation of an
individual as described in § 41.701(c) of this chapter (relating to
Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual);
and
(C) provided with the
instructions described in subparagraph (B) of this paragraph in writing;
and
(2) provide the
training described in paragraph (1) of this subsection before a staff person
assumes job duties and annually thereafter.
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