(a) During the initial in-person visit with an individual and LAR or actively involved person, as described in §259.61(a)(2) of this division (related to Process for Enrollment of an Individual), and annually thereafter, the CMA must ensure that the individual's case manager informs the individual and LAR or actively involved person of:
  (1) the CDS option in accordance with 40 TAC Chapter 41, Subchapter D (relating to Enrollment, Transfer, Suspension, and Termination); and
  (2) the CLASS Program services and CFC service provided through the CDS option, described in 40 TAC §41.108 (relating to Services Available Through the CDS Option).
(b) If an individual or LAR chooses to participate in the CDS option, the case manager must:
  (1) use the list of FMSAs found on the HHSC website to provide the name and contact information to the individual or LAR of each FMSA providing services in the catchment area in which the individual lives;
  (2) document the individual's or LAR's choice of FMSA in accordance with HHSC's instructions;
  (3) document each service to be provided through the CDS option on the IPC;
  (4) if the only service to be provided through the CDS option is CFC PAS/HAB, include on the IPC:
    (A) CFC FMS instead of FMS; and
    (B) if the individual will receive support consultation, CFC support consultation instead of support consultation; and
  (5) ensure the individual or LAR completes the required forms as described in 40 TAC Chapter 41, Subchapter D.

Source Note: The provisions of this §259.71 adopted to be effective January 30, 2023, 48 TexReg 362