(a) A program provider must ensure an individual's case manager informs the individual or LAR:
  (1) of the CDS option in accordance with 40 TAC Chapter 41, Subchapter D (relating to Enrollment, Transfer, Suspension, and Termination);
  (2) of the DBMD Program services and the CFC services that may be provided through the CDS option, as described in 40 TAC §41.108 (relating to Services Available Through the CDS Option); and
  (3) that the individual may elect to have one or more of those services provided through the CDS option.
(b) If an individual or LAR chooses to participate in the CDS option, the case manager must:
  (1) provide the individual or LAR with an oral and written explanation of the CDS option using materials provided by HHSC, including the required CDS forms described in 40 TAC Chapter 41 (relating to Consumer Directed Services Option);
  (2) provide the individual or LAR with the name and contact information of each FMSA providing services in the county where the individual lives;
  (3) document the individual's or LAR's choice of FMSA in accordance with HHSC's instructions;
  (4) document each service to be provided through the CDS option on the IPC;
  (5) 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
  (6) complete the required forms as described in 40 TAC Chapter 41.
(c) For services to be provided through the CDS option, an individual or LAR and the FMSA must comply with 40 TAC Chapter 41.
(d) A program provider must provide a service included on the IPC that the individual or LAR has elected not to have provided through the CDS option.

Source Note: The provisions of this §260.71 adopted to be effective February 26, 2023, 48 TexReg 896