(a) At the time of an individual's enrollment in a DADS program that offers the CDS option, and at least annually thereafter, a case manager, service coordinator, or other person designated by the individual's program must:
  (1) provide written materials on the CDS option to the individual or LAR;
  (2) meet with and provide the individual or LAR with an oral explanation of the CDS option specific to the individual's program; and
  (3) complete Form 1581, Consumer Directed Services Option Overview.
(b) An individual or LAR may request that a case manager, service coordinator, or other person designated by the individual's program provide additional oral and written information to the individual or LAR regarding the CDS option or assist with enrollment in the CDS option at any time. The case manager, service coordinator, or designee must comply within five working days after receipt of the request.
(c) An individual or LAR declining participation in the CDS option may at any time elect to participate in the CDS option while receiving services through a DADS program that offers the CDS option.
(d) An individual or LAR who decides to participate in the CDS option must, with assistance from a case manager or service coordinator, complete the following forms:
  (1) Form 1582, Consumer Directed Services Responsibilities;
  (2) Form 1583, Employee Qualification Requirements;
  (3) Form 1584, Participant Choice for Consumer Directed Services;
  (4) Form 1585, Acknowledgement of Responsibility for Exemption from Nursing Licensure for Certain Services through Consumer Directed Services, or Form 1733, Employer and Employee Acknowledgement of Exemption from Nursing License for Certain Services Delivered through Consumer Directed Services, if required by the policies of the individual's program; and
  (5) Form 1586, Acknowledgement of Information Regarding Support Consultation Services in the Consumer Directed Services (CDS) Option, if the service is available in the individual's program.
(e) An individual or LAR who elects to participate in the CDS option must complete the self-assessment in Form 1582, Consumer Directed Services Responsibilities, and if applicable, complete any assessment required by the individual's program.
(f) An individual or LAR who is not able to complete the self-assessment must appoint a DR in order to participate in the CDS option.
(g) The person appointed as the DR by the individual or LAR must:
  (1) be willing to serve as the individual's or LAR's DR for participation in the CDS option;
  (2) be or become actively involved with the individual; and
  (3) complete the self-assessment in Form 1582, and any assessment required by the individual's program.

Source Note: The provisions of this §41.109 adopted to be effective January 1, 2007, 31 TexReg 10352