(a) The employer or DR must ensure that services provided through the CDS option:
  (1) are included on the individual's HHSC authorized service plan and, if required by the program rules, included on any other plan such as the habilitation plan or implementation plan;
  (2) are budgeted in the employer budget;
  (3) are provided only to the individual;
  (4) are not provided if the individual receiving services becomes ineligible for program services; and
  (5) meet requirements for payment in accordance with program rules and §41.241 of this subchapter (relating to Payment of Services).
(b) If nursing services are included on the service plan, the employer or DR must:
  (1) if the employer or DR hires an RN to deliver the service, obtain a completed HHSC Form 1747, Acknowledgment of Nursing Requirements, from the RN before the RN provides nursing services to the individual;
  (2) if the employer or DR hires a licensed vocational nurse (LVN) to deliver the service, obtain a completed HHSC Form 1747 from the LVN before the LVN provides nursing services to the individual;
  (3) maintain completed HHSC Forms 1747 in the individual's home and send a copy of the completed forms to the FMSA before delivery of nursing services; and
  (4) if program rules require that the individual's program provider's nurse complete the initial and annual nursing assessment:
    (A) provide a copy of the program provider's nursing assessment, including the number of nursing hours authorized, to the CDS nurse; and
    (B) if the CDS nurse disagrees with the number of authorized nursing hours, ensure that the CDS nurse provides justification to the service planning team for consideration and a possible service plan revision.
(c) If HHSC determines that an employer or DR is not in compliance with this section, HHSC may require the employer to develop and implement a corrective action plan in accordance with §41.221 of this subchapter (relating to Corrective Action Plans).

Source Note: The provisions of this §41.238 adopted to be effective September 1, 2014, 39 TexReg 6604; amended to be effective October 1, 2019, 44 TexReg 5074