Document Citation: 40 TAC § 41.217

Header:
TEXAS ADMINISTRATIVE CODE
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 41. CONSUMER DIRECTED SERVICES OPTION
SUBCHAPTER B. RESPONSIBILITIES OF EMPLOYERS AND DESIGNATED REPRESENTATIVES

Date:
08/31/2009

Document:
40 TAC § 41.217 (2011)

§ 41.217. Service Back-up Plan

(a) An employer or DR must develop and document a service back-up plan for each service to be delivered through the CDS option that the individual's service planning team has determined to be critical to the health and welfare of the individual.

(b) An individual's service planning team must describe:

(1) which services are critical; and

(2) the length of time that constitutes a service interruption or an emergency for the individual.

(c) An employer or DR must develop a service back-up plan that:

(1) ensures the provision of services when the employer's regular service provider is not available to deliver the service or in an emergency; and

(2) may include the use of:

(A) paid service providers;

(B) unpaid service providers, such as family members, friends, or non-program services; or

(C) use of respite, if included in the authorized service plan.

(d) An individual's service planning team must approve each service back-up plan, as well as any revision, before implementation by the employer or DR.

(e) An employer must:

(1) budget sufficient funds in the CDS option budget to implement a service back-up plan;

(2) complete requirements in § 41.511 of this chapter (relating to Budget Revisions and Approval);

(3) review and revise each service back-up plan annually;

(4) revise a service back-up plan if:

(A) the employer experiences a problem in the implementation of a service back-up plan;

(B) there are changes in availability of service back-up plan resources; and

(C) the employer redistributes funds that are not utilized in carrying out a service back-up plan; and

(5) provide a copy of the initial and revised service back-up plans and budgets to the CDSA within five working days after a plan's approval by the service planning