40 Tex. Admin. Code § 44.422 - Individual Responsibilities in the Block Grant Option
In the block grant option, an individual must:
(1) comply with the requirements of §
44.307 of this chapter (relating
to Individual Responsibilities in All CMPAS Service Delivery
Options);
(2) select, hire, and pay
the individual's attendants as the employer of record;
(3) before the individual's attendant
provides a service and on an annual basis:
(A) train an attendant regarding abuse,
neglect, and exploitation, as described in HHSC Form 1732, Management and
Training of Service Provider;
(B)
sign and date Form 1732 and have the attendant sign and date the form to
document completion of the training; and
(C) send a copy of the signed form to the
provider within 30 days after the date the form is signed by the individual and
the attendant;
(4)
resolve any employment-related problems or disagreements directly with the
attendant;
(5) not discriminate
against an attendant or applicant in violation of law;
(6) assume liability for work-related
attendant injuries and responsibility for work-related attendant conduct to the
same extent as any employer would assume liability for injuries and
responsibility for conduct of an employee;
(7) spend funds received from the provider
that were reimbursed under §
44.505 of this chapter (relating
to Reimbursement) on attendant wages, employment-related tax payments, and
employee benefits;
(8) prepare and
sign an agreement with the attendant that includes:
(A) the tasks the attendant is to perform for
the individual;
(B) the schedule
the attendant will work for the individual;
(C) the hourly rate the individual will pay
the attendant, which must be at least the base wage specified in 1 TAC §
355.7051(d)
(relating to Base Wage for a Personal Attendant);
(D) the schedule the individual will use to
pay the attendant (at least twice per month);
(E) the reasons the individual may terminate
the attendant's employment; and
(F)
a requirement that the attendant provide the individual at least 24 hours
advance notice if unable to work a scheduled shift;
(9) supervise the attendant's recording of
hours worked, including signing, dating, and submitting the attendant's time
sheet to the provider on or after the last day of the reporting period during
which services were provided; and
(10) submit to the provider, within 30 days
after filing, copies of any employment-related government forms the individual
files for the attendant as the employer of record, including all required
Internal Revenue Service obligations and required reports to the Texas
Workforce Commission.
Notes
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