SECTION 275.129. 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.

Source Note: The provisions of this §275.129 adopted to be effective October 1, 2013, 38 TexReg 6606; amended to be effective October 1, 2019, 44 TexReg 5106; amended to be effective May 10, 2020, 45 TexReg 2888; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983