26 Tex. Admin. Code § 264.301 - Contracting as an FMSA

(a) An FMSA must:

(1) comply with Chapter 49 of this title (relating to Contracting for Community Services);

(2) have at least one eligible employee or contractor to provide support consultation services as defined in Subchapter F of this chapter (relating to Support Consultation Services and Support Advisory Responsibilities);

(3) operate as a Vendor Fiscal/Employer Agent (VF/EA) in accordance with § 3504 of the Internal Revenue Code; and

(4) participate in all mandatory training provided or authorized by HHSC.

(b) An FMSA must not:

(1) use a third party to file and report payroll taxes to the Internal Revenue Service on behalf of an employer;

(2) provide FMS to an individual who is receiving case management services or service coordination from the FMSA or a controlling person, as defined in § 49.102 of this title (relating to Definitions) of the FMSA, except in the Consumer Managed Personal Attendant Services program.

(c) An individual receiving FMS, the individual's LAR, or DR, must not be:

(1) the individual's FMSA; or

(2) a controlling person, as deined in § 49.102 of this title, of the individual's FMSA.

(d) An FMSA must:

(1) conduct training to ensure a staff person is:

(A) knowledgeable of:

(i) acts that constitute abuse, neglect, and exploitation;

(ii) signs and symptoms of abuse, neglect, and exploitation; and

(iii) methods to prevent abuse, neglect, and exploitation;

(B) instructed to report an allegation of abuse, neglect, or exploitation of an individual as described in § 41.701(c) of this chapter (relating to Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual); and

(C) provided with the instructions described in subparagraph (B) of this paragraph in writing; and

(2) provide the training described in paragraph (1) of this subsection before a staff person assumes job duties and annually thereafter.

Notes

26 Tex. Admin. Code § 264.301

Transferred from 40 TAC § 41.301 Texas Register, Volume 49, Number 28, July 12, 2024, TexReg 4433, eff. 9/1/2024