(a) An employer or DR must develop a service backup plan, using DADS Form 1740, CDS Service Backup Plan, if requested by the case manager or service coordinator, in accordance with §41.404(b) of this chapter (relating to Ensuring Development and Monitoring Service Backup Plans).
(b) The actions listed in a service backup plan may include the use of:
  (1) paid service providers;
  (2) unpaid service providers, such as family members, and friends;
  (3) non-program services; or
  (4) respite, if included in the authorized service plan.
(c) A service backup plan, including any revised plan, must be approved by the case manager or service coordinator in accordance with §41.404(c) of this chapter before implementation by the employer or DR.
(d) An employer or DR must:
  (1) budget sufficient funds in the CDS option budget to implement a service backup plan;
  (2) comply with §41.511 of this chapter (relating to Budget Revisions and Approval);
  (3) review a service backup plan annually;
  (4) revise a service backup plan at any time, including after a review required by paragraph (3) of this subsection, if:
    (A) the employer or DR determines the service backup plan was ineffective;
    (B) a change occurs in the availability of service backup plan resources;
    (C) the employer or DR redistributes funds that are not utilized in implementing a service backup plan; or
    (D) the case manager or service coordinator notifies the employer or DR that the service backup plan was determined ineffective and that the plan must be revised as described in §41.404(e) of this chapter; and
  (5) provide a copy of the initial and revised service backup plan to the FMSA within five working days after the plan is approved by the case manager or service coordinator in accordance with §41.404(c) of this chapter.

Source Note: The provisions of this §41.217 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective September 1, 2014, 39 TexReg 6604