Current through Reg. 50, No. 13; March 28, 2025
(a) An
FMSA must provide FMS to an employer or DR. FMS consists of the following
activities:
(1) providing an initial
orientation as described in § 41.307 of this chapter (relating to Initial
Orientation of an Employer);
(2)
after the initial orientation, doing the following annually:
(A) providing to the employer and DR a
printed or an electronic document that contains an explanation of how to report
allegations of abuse, neglect, and exploitation of the individual to DFPS as
described in § 41.701(a)(1)(A) or (B) of this chapter (relating to
Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual);
and
(B) educating the employer and
DR about protecting the individual from abuse, neglect, and
exploitation;
(3)
providing ongoing training, assistance, and support for employer-related
responsibilities;
(4) assisting an
employer to verify qualifications of service providers before services are
delivered, including citizenship status;
(5) monitoring continued eligibility of
service providers;
(6) approving
and monitoring budgets for services delivered through the CDS option;
(7) collecting and processing service
provider timesheets or invoices approved by the employer;
(8) processing payroll, including calculating
employee withholdings and employer contributions and depositing these funds
with applicable federal, state, and local agencies;
(9) complying with applicable government
regulations concerning employee withholdings, garnishments, mandated
withholdings, and benefits;
(10)
preparing and filing required tax forms and reports;
(11) paying allowable expenses incurred by
the employer;
(12) providing status
reports concerning the individual's budget, expenditures, and compliance with
CDS option requirements; and
(13)
responding to the employer or DR as soon as possible, but at least within two
working days after receipt of information requiring a response from the FMSA,
unless indicated otherwise in this chapter.
(b) An FMSA must provide, in accordance with
HHSC's instructions, CFC support management to an individual or LAR if:
(1) the individual is receiving CFC PAS/HAB;
and
(2) the individual or LAR
requests to receive CFC support management.
(c) An FMSA must complete HHSC Form 1739
Service Provider Agreement with an employer's service provider before issuing
the initial payment for services to the service provider.
(d) An FMSA must accept a designated fee
established by HHSC as payment in full for FMS provided.
(e) An FMSA must maintain originals or copies
of records to document compliance with this section.
(f) An FMSA must not provide FMS and case
management services to the same individual as prohibited in § 41.301 of
this chapter (relating to Contracting as an FMSA).
