Current through Reg. 50, No. 13; March 28, 2025
(a) An employer may request voluntary
termination of participation in the CDS option and receive services through a
program agency provider at any time. The termination must last at least 90
calendar days.
(b) An individual
may be involuntarily terminated from participation in the CDS option in
accordance with the requirements of the individual's program.
(c) FMS and, if applicable, support
consultation, are terminated in the individual's service plan when
participation in the CDS option is terminated.
(d) An individual's case manager or service
coordinator convenes the individual's service planning team concerning issues
that may warrant immediate termination of the individual's participation in the
CDS option. On review of the information, the service planning team may
recommend immediate termination of participation in the CDS option when:
(1) the individual's health or welfare is
immediately jeopardized by the individual's participation in the CDS
option;
(2) the DR has been
convicted of an offense under Chapter 32 of the Penal Code or an offense
barring employment as listed in the Texas Health and Safety Code, §
250.006(a) and
(b); or
(3) DADS or another government agency with
applicable regulatory authority recommends that participation in the CDS option
be immediately terminated.
(e) If an individual, LAR, or DR does not
implement and successfully complete the following steps and interventions, an
individual's service planning team may recommend termination of participation
in the CDS option in accordance with the individual's program requirements:
(1) eliminate jeopardy to the individual's
health or welfare;
(2) successfully
direct the delivery of program services through CDS;
(3) meet employer responsibilities;
(4) successfully implement corrective action
plans; or
(5) appoint a DR or
access other available supports to assist the employer in meeting employer
responsibilities.
(f)
Before a CDSA recommends involuntary termination of participation in the CDS
option to an individual's case manager or service coordinator, the CDSA must:
(1) provide documentation to the individual's
case manager or service coordinator of additional and ongoing training and
supports provided by the CDSA when an employer or DR demonstrates noncompliance
with employer responsibilities;
(2)
provide assistance requested by the employer or DR to develop and implement a
corrective action plan;
(3) provide
documentation of any corrective action plan required of the employer or DR by
the CDSA in accordance with § 41.221 of this chapter (relating to
Corrective Action Plans); and
(4)
notify the case manager or service coordinator in writing in accordance with
the requirements of the individual's program when recommending termination of
an individual's participation in the CDS option.
(g) On receipt of a recommendation for
involuntary termination from the CDSA or other party, the individual's case
manager or service coordinator must:
(1)
provide assistance with accessing supports and developing and implementing a
corrective action plan related to noncompliance with program and CDS
requirements;
(2) document
interventions utilized by the individual, employer, or DR to eliminate
noncompliance with program requirements for delivery of program services
through the CDS option; and
(3)
convene the service planning team to:
(A)
consider recommendations related to the individual's participation in the CDS
option;
(B) recommend additional
interventions to be implemented to protect the individual's health and welfare
for continued participation in the CDS option; and
(C) make revisions to the individual's
service plan if needed.
(h) If the individual's service planning team
recommends termination of participation in the CDS option, the CDSA must:
(1) provide a final report as described in
§ 41.219 of this chapter (relating to CDSA Reports) to the employer and
the case manager or service coordinator within five working days after an
individual's termination;
(2)
provide copies to the employer of documentation as received and filed on behalf
of the employer following the individual's termination from the CDS option;
and
(3) submit a satisfaction
survey to the employer within five working days after the termination date in
accordance with § 41.331 of this chapter (relating to Annual Evaluation of
Job Performance and Satisfaction).
(i) The individual's case manager or service
coordinator must meet requirements of the individual's program and this chapter
for termination of service to include documentation of all proceedings and
notices in accordance with the individual's program requirements.
(j) If the service planning team recommends
terminating participation in the CDS option, an individual's case manager or
service coordinator must document:
(1) the
reasons for the recommendation;
(2)
the conditions and time frame established by the individual's service planning
team that the individual must meet prior to re-enrollment in the CDS
option;
(3) justification for any
time period for a termination in excess of the minimum 90-day requirement;
and
(4) if applicable, the
conditions and time frame specified by a hearing officer as the result of a
fair hearing that upholds the termination.
(k) When an individual's participation in the
CDS option is terminated, the case manager or service coordinator must take
steps and interventions in accordance with the requirements of the individual's
program to:
(1) ensure continuity of delivery
of program services that were being delivered through the CDS option;
and
(2) document arrangements made
for delivery of program services that were being delivered through the CDS
option to be delivered by the individual's program provider or other
resources.
