(a) An FMSA must conduct an initial face-to-face orientation with the employer, and the DR if applicable, in the residence of the individual, in which the FMSA:
  (1) explains to the employer and DR the roles, rules, and responsibilities that apply to an employer, service provider, FMSA, and state agencies, including:
    (A) the employer budget based on the authorized service plan;
    (B) the hiring process, including documents and forms to be completed for new employees; and
    (C) managing paper and electronic timesheets, due dates, payday schedules, and disbursing employee payroll checks;
  (2) reviews with and gives the employer and DR a printed document that clearly states the FMSA's:
    (A) normal hours of operation;
    (B) key persons to contact with issues or questions and how to contact these persons; and
    (C) the complaint process, including how to file a complaint with the FMSA or about the FMSA;
  (3) reviews with the employer and DR, HHSC Form 1735, Employer and Financial Management Services Agency Service Agreement, and the applicable Service Provision Requirements Addendum to the form, emphasizing rule and policy requirements of the individual's program, including:
    (A) service definitions;
    (B) service provider qualifications;
    (C) required documentation to be kept in the individual's home;
    (D) training requirements for service providers;
    (E) program staff who will be reviewing the employer's records; and
    (F) if applicable, nursing requirements as described on HHSC Form 1747;
  (4) reviews with and gives to the employer and DR a printed or an electronic document that describes how to report an allegation of abuse, neglect, or exploitation of the individual to DFPS as described in §41.701(a)(1)(A) or (B) of this chapter (relating to Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual); and
  (5) educates the employer and DR about protecting the individual from abuse, neglect, and exploitation.
(b) The FMSA must provide to the employer or DR a printed or an electronic copy of the HHSC Consumer Directed Services (CDS) Option Employer Manual.
(c) The FMSA and employer must complete HHSC Form 1736, Documentation of Employer Orientation, upon conclusion of the orientation.
(d) The FMSA must sign and date a completed HHSC Form 1735 signed and dated by the employer before initiation of the CDS option.

Source Note: The provisions of this §41.307 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective January 1, 2009, 33 TexReg 10509; amended to be effective July 1, 2013, 38 TexReg 3990; amended to be effective October 1, 2019, 44 TexReg 5074