40 Tex. Admin. Code § 44.402 - Provider Responsibilities in the Traditional Service Option

In the traditional service option, a provider must:

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

(2) maintain and supervise a pool of substitute attendants to provide attendant services upon the individual's request;

(3) refer prospective attendants to the individual until the individual selects an attendant;

(4) hire an attendant who meets the qualifications of § 44.303 of this chapter (relating to Attendant Qualifications) and whom the individual agrees to supervise;

(5) if an individual has not selected a prospective attendant within seven days after the date the assessor of need determined the individual to be eligible for services:

(A) confer with the individual;

(B) identify the reasons the individual has not selected an attendant; and

(C) provide training when necessary to enable the individual to select an attendant;

(6) provide to an attendant an initial orientation training before the attendant provides services to an individual that includes the following topics:

(A) basic interpersonal skills;

(B) needs of persons with disabilities;

(C) first aid;

(D) universal safety precautions;

(E) safety and emergency procedures;

(F) proper completion of required forms;

(G) explanation of the individual's role as supervisor;

(H) explanation of the provider's responsibilities to attendants;

(I) attendant rights and responsibilities;

(J) specific information needed to provide tasks to the individual;

(K) reporting changes in the individual's condition to the provider; and

(L) instructions to provide only authorized tasks according to the service plan, unless the individual pays for additional time with the individual's own funds;

(7) assume all responsibility for paying and filing attendant income and unemployment taxes and associated paperwork;

(8) assume liability for attendant work-related injuries to the same extent as any employer;

(9) prepare payroll and distribute payroll checks to attendants as required by state and federal law;

(10) actively intervene to resolve problems between an individual and the individual's attendant when they cannot resolve problems on their own;

(11) determine the salary and benefit package of an attendant;

(12) not discriminate against an attendant or applicant in violation of law;

(13) accept responsibility for acts of an attendant, to the same extent as any employer would be responsible for the acts of an employee, while the attendant performs services for the individual; and

(14) conduct on-site visits in addition to those described in § 44.203 of this chapter (relating to Assessment and Eligibility Determination) and § 44.204 of this chapter (relating to Reassessments), based on the specific needs of the individual or attendant, but at least annually, to assess and document whether the:

(A) individual's service plan is adequate;

(B) individual continues to need the services;

(C) individual needs a service plan change;

(D) attendant remains competent to perform the allowable tasks; and

(E) attendant is performing the allowable tasks.

Notes

40 Tex. Admin. Code § 44.402

The provisions of this §44.402 adopted to be effective October 1, 2013, 38 TexReg 6606; Amended by Texas Register, Volume 44, Number 37, September 13, 2019, TexReg 5112, eff. 10/1/2019