Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES
Subchapter D - SERVICE DELIVERY OPTIONS
Division 3 - CONSUMER DIRECTED OPTION
Section 44.441 - Provider Responsibilities in the CDS Option

(1) comply with the requirements of § 44.302 of this chapter (relating to Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options);

(2) function as an FMSA to provide financial management services to an individual;

(3) approve and monitor a budget for services delivered through the CDS option;

(4) manage payroll, including calculating employee withholdings and employer contributions and depositing the funds with the appropriate agencies;

(5) comply with applicable government regulations concerning employee withholding, garnishments, mandated withholding, and benefits;

(6) prepare and file required tax forms and reports;

(7) pay allowable expenses incurred by the individual;

(8) obtain employer-agent status with the Internal Revenue Service, the Texas Workforce Commission, and any other appropriate government agencies within the time frame established by each agency;

(9) perform all employer-agent responsibilities required by government agencies that regulate the relationship between the employer-agent and the individual acting as the employer of record, and maintain an original or a copy of each form required to document compliance; and

(10) attend, at least annually, HHSC's training for FMSAs.