SECTION 275.127. Provider Responsibilities in the Block Grant Option

In the block grant 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) reimburse the individual for attendant wages and employment taxes paid by the individual;

(3) negotiate with the individual and agree on an amount that the provider will retain from reimbursements made under §44.505 of this chapter (relating to Reimbursement) to compensate the provider for its services to the individual, based on the provider's actual cost of providing services to the individual, which may include:

(A) the cost of providing substitute attendants;

(B) the cost of providing administrative services;

(C) the history of the individual's use of substitute attendants; and

(D) the need for provider intervention;

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

(5) provide each substitute attendant an initial orientation before the attendant provides services to the 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 agency'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 in accordance to the service plan, unless the individual pays for additional time with the individual's own funds;

(6) send a substitute attendant at the individual's request; and

(7) for an individual the provider learns is failing to fully perform a duty the individual is required to perform as the attendant's employer of record:

(A) counsel the individual regarding the consequences of noncompliance;

(B) offer the individual the choice of the traditional services option; and

(C) consider suspending services as provided by §44.308 of this chapter (relating to Suspension of Services) if the individual does not choose the traditional service option and does not perform the duties as the employer of record.

Source Note: The provisions of this §275.127 adopted to be effective October 1, 2013, 38 TexReg 6606; amended to be effective October 1, 2019, 44 TexReg 5106; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983