An individual receiving services in the PHC Program, CAS Program, or FC Program may choose one of the following three service delivery options.
  (1) Agency option. In the agency option:
    (A) the provider is responsible for personnel decisions, such as selecting, supervising, and dismissing the attendant who provides services to the individual, with input from the individual;
    (B) the provider is responsible for:
      (i) recruitment of attendants and substitute attendants, a responsibility the individual may share;
      (ii) payroll for attendants and substitute attendants; and
      (iii) filing tax-related reports of attendants and substitute attendants;
    (C) the provider is the employer of record of attendants and substitute attendants; and
    (D) the provider is responsible for providing substitute attendants.
  (2) Consumer directed services (CDS) option. In the CDS option, as described in Chapter 41 of this title (relating to Consumer Directed Services Option):
    (A) the individual recruits, hires, manages, and fires attendants;
    (B) the individual is the employer of record of his or her attendant and substitute attendant;
    (C) the individual is responsible for providing substitute attendants; and
    (D) the FMSA is responsible for financial management services, including:
      (i) registering as the individual's employer-agent with the Internal Revenue Service and the Texas Workforce Commission;
      (ii) managing payroll for attendants and substitute attendants, including filing tax-related reports;
      (iii) tracking expenditures; and
      (iv) submitting quarterly expenditure reports to the employer and case worker; and
    (E) the FMSA is not required to be licensed under 26 TAC Chapter 558 (relating to Licensing Standards for Home and Community Support Services Agencies) when performing the functions described in subparagraph (D) of this paragraph.
  (3) Service responsibility option (SRO). In the SRO, as described in Chapter 43 of this title (relating to Service Responsibility Option):
    (A) the individual selects, manages, supervises, and dismisses attendants;
    (B) the provider is the employer of record for the attendant and substitute attendant;
    (C) the provider is responsible for:
      (i) providing substitute attendants if necessary;
      (ii) managing payroll for attendants and substitute attendants; and
      (iii) filing tax-related reports of attendants and substitute attendants;
    (D) the individual and supervisor must negotiate the frequency of supervisory visits;
    (E) the individual is responsible for the new attendant orientation; and
    (F) the provider is required to be licensed under 26 TAC Chapter 558 if performing the functions described in subparagraph (C) of this paragraph.

Source Note: The provisions of this §277.57 adopted to be effective June 1, 2009, 34 TexReg 2802; amended to be effective October 1, 2019, 44 TexReg 5138; transferred effective July 1, 2024, as published in the June 14, 2024, issue of the Texas Register, 49 TexReg 4436