(a) A DSA must ensure that a service provider of employment assistance and a service provider of supported employment meets the qualifications described in §259.355(d)(18) of this subchapter (relating to Qualifications of DSA Staff Persons).
(b) Before including employment assistance on an individual's IPC, a DSA must ensure and maintain documentation in the individual's record that employment assistance is not available to the individual under a program funded under §110 of the Rehabilitation Act of 1973 or under a program funded under the Individuals with Disabilities Education Act (20 U.S.C. §1401 et seq.).
(c) A DSA must ensure that employment assistance:
  (1) consists of an employment assistance service provider performing the following activities:
    (A) identifying an individual's employment preferences, job skills, and requirements for a work setting and work conditions;
    (B) locating prospective employers offering employment compatible with the individual's identified preferences, skills, and requirements;
    (C) contacting a prospective employer on behalf of the individual and negotiating the individual's employment;
    (D) transporting the individual to help the individual locate competitive employment in the community; and
    (E) participating in service planning team meetings;
  (2) is not provided to an individual with the individual present at the same time that respite, transportation as a habilitation activity, prevocational services, supported employment, or CFC PAS/HAB is provided; and
  (3) does not include using Medicaid funds paid by HHSC to the DSA for incentive payments, subsidies, or unrelated vocational training expenses, such as:
    (A) paying an employer:
      (i) to encourage the employer to hire an individual; or
      (ii) to supervise, train, support, or make adaptations for an individual that the employer typically makes available to other workers without disabilities filling similar positions in the business; or
    (B) paying the individual:
      (i) as an incentive to participate in employment assistance activities; or
      (ii) for expenses associated with the start-up costs or operating expenses of an individual's business.
(d) Before including supported employment on an individual's IPC, a DSA must ensure and maintain documentation in the individual's record that supported employment is not available to the individual under a program funded under the Individuals with Disabilities Education Act (20 U.S.C. §1401 et seq.).
(e) A DSA must ensure that supported employment:
  (1) consists of a supported employment service provider performing the following activities:
    (A) making employment adaptations, supervising, and providing training related to an individual's assessed needs;
    (B) transporting the individual to support the individual to be self-employed, work from home, or perform in a work setting; and
    (C) participating in service planning team meetings;
  (2) is not provided to an individual with the individual present at the same time that respite, transportation as a habilitation activity, prevocational services, employment assistance, or CFC PAS/HAB is provided; and
  (3) does not include:
    (A) sheltered work or other similar types of vocational services furnished in specialized facilities; or
    (B) using Medicaid funds paid by HHSC to the DSA for incentive payments, subsidies, or unrelated vocational training expenses, such as:
      (i) paying an employer:
        (I) to encourage the employer to hire an individual; or
        (II) to supervise, train, support, or make adaptations for an individual that the employer typically makes available to other workers without disabilities filling similar positions in the business; or
      (ii) paying the individual:
        (I) as an incentive to participate in supported employment activities; or
        (II) for expenses associated with the start-up costs or operating expenses of an individual's business.

Source Note: The provisions of this §259.365 adopted to be effective January 30, 2023, 48 TexReg 362