(a) An individual or LAR may elect the CDS option if:
  (1) the individual's program offers the CDS option;
  (2) one or more program services in the individual's authorized service plan are available for delivery through the CDS option;
  (3) the individual or LAR agrees to perform, or to appoint a DR to perform, the employer responsibilities required for participation in the CDS option;
  (4) the individual or LAR selects a CDSA to provide FMS; and
  (5) the individual or LAR has developed and received approval from the service planning team for each required service back-up plan.
(b) If an individual or LAR elects to participate in the CDS option, the individual or LAR:
  (1) selects a CDSA to provide FMS;
  (2) with the assistance of the CDSA, budgets funds allocated in the individual's service plan for delivery through the CDS option; and
  (3) recruits, screens, hires, trains, manages, and terminates service providers.
(c) An individual or LAR, as the employer, may appoint in writing a willing adult as the DR to assist in performing employer responsibilities.

Source Note: The provisions of this §41.107 adopted to be effective January 1, 2007, 31 TexReg 10352