(a) The CDS option is available in the following programs:
  (1) the CLASS Program, if the individual does not receive in the CLASS Program:
    (A) support family services; or
    (B) continued family services;
  (2) the DBMD Program, if the individual does not receive in the DBMD Program:
    (A) licensed assisted living; or
    (B) licensed home health assisted living;
  (3) the HCS Program, if the individual does not receive in the HCS Program:
    (A) residential support;
    (B) supervised living; or
    (C) host home/companion care;
  (4) the TxHmL Program;
  (5) the PHC Program;
  (6) the CAS Program;
  (7) the FC Program; and
  (8) the CMPAS Program.
(b) Except for an individual who receives a service described in subsection (a)(1)(A) or (B), (a)(2)(A) or (B), or (a)(3)(A), (B), or (C) of this section, an individual enrolled in a program described in subsection (a)(1) - (4) of this section may choose to receive the following services through the CDS option:
  (1) the CLASS Program:
    (A) habilitation;
    (B) in-home respite;
    (C) nursing;
    (D) occupational therapy;
    (E) out-of-home respite;
    (F) physical therapy;
    (G) speech therapy;
    (H) employment assistance;
    (I) supported employment;
    (J) cognitive rehabilitation therapy;
    (K) CFC PAS/HAB; and
    (L) any other service provided through the CDS option as listed on HHSC's website;
  (2) the DBMD Program:
    (A) employment assistance;
    (B) intervener;
    (C) residential habilitation;
    (D) respite;
    (E) supported employment;
    (F) CFC PAS/HAB; and
    (G) any other service provided through the CDS option as listed on the HHSC website;
  (3) the HCS Program:
    (A) cognitive rehabilitation therapy;
    (B) employment assistance;
    (C) nursing;
    (D) supported employment;
    (E) supported home living;
    (F) respite;
    (G) CFC PAS/HAB; and
    (H) any other service provided through the CDS option as listed on HHSC's website; and
  (4) the TxHmL Program:
    (A) adaptive aids;
    (B) audiology services;
    (C) behavioral support;
    (D) community support;
    (E) day habilitation;
    (F) dental treatment;
    (G) dietary services;
    (H) employment assistance;
    (I) nursing;
    (J) minor home modifications;
    (K) occupational therapy;
    (L) physical therapy;
    (M) respite;
    (N) speech/language pathology services;
    (O) supported employment;
    (P) CFC PAS/HAB; and
    (Q) any other service provided through the CDS option as listed on HHSC's website.

Source Note: The provisions of this §41.108 adopted to be effective September 1, 2014, 39 TexReg 6604; amended to be effective March 20, 2016, 41 TexReg 1925; amended to be effective October 1, 2019, 44 TexReg 5074