26 Tex. Admin. Code § 264.231 - Verification of Eligibility of an Employee or Contractor
(a) When an applicant is hired, the employer
or DR must ensure that the applicant completes Form 1724, New Service Provider
Packet Cover Sheet, and supplies any required support documentation before
being employed or retained by the employer or DR for the delivery of services
to the individual. The employer or DR must provide Form 1724 to the
CDSA.
(b) An employer or DR must:
(1) withdraw an offer of employment if a
person is not eligible for employment based on results of US Citizenship and
Immigration Services, Form I-9, Employment Eligibility Verification or
regulations of any government agency;
(2) verify continued eligibility of
employment based on the requirements of the US Citizenship and Immigration
Services using Form I-9, Employment Eligibility Verification;
(3) maintain a copy of renewed supporting
documents; and
(4) submit a copy of
renewed supporting documentation to the CDSA.
(c) An employer or DR must immediately
terminate an employee or contractor that does not maintain eligibility to:
(1) be employed or retained; or
(2) provide the service or services to an
individual.
(d) If an
employee or contractor is permitted, by program rule or with employer approval,
to transport the individual, the employer or DR must obtain, maintain, and
update copies of the employee's or contractor's:
(1) current Texas Driver License;
and
(2) current proof of minimum
auto insurance as required by the State of Texas.
(e) An employer or DR may obtain additional
background or reference checks on applicants, employees, and contractors.
Charges for the costs of background or reference checks must be in the
individual's approved budget before the expense is incurred, if the expense
will be paid through the individual's budget.
(f) If an applicant that has previously been
terminated by the employer is being considered as a service provider through
the CDS option, the employer or DR must determine eligibility in the same
manner as required for a new employee or a new contractor.
(g) An employer or DR must obtain written
notice from the CDSA that an applicant, employee, or contractor is eligible to
be hired, retained, or maintained for service delivery before services are
delivered.
(h) When contracting
with an entity, the employer and the entity must complete a service agreement
in which the entity certifies that the entity has checked and verified that
each person delivering a service to the individual on behalf of the entity is
in compliance with, and will maintain compliance with, this section.
Notes
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