(a) An FMSA must provide FMS to an employer or DR. FMS consists of the following activities:
  (1) providing an initial orientation as described in §41.307 of this chapter (relating to Initial Orientation of an Employer);
  (2) after the initial orientation, doing the following annually:
    (A) providing to the employer and DR a printed or an electronic document that contains an explanation of how to report allegations of abuse, neglect, and 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
    (B) educating the employer and DR about protecting the individual from abuse, neglect, and exploitation;
  (3) providing ongoing training, assistance, and support for employer-related responsibilities;
  (4) assisting an employer to verify qualifications of service providers before services are delivered, including citizenship status;
  (5) monitoring continued eligibility of service providers;
  (6) approving and monitoring budgets for services delivered through the CDS option;
  (7) collecting and processing service provider timesheets or invoices approved by the employer;
  (8) processing payroll, including calculating employee withholdings and employer contributions and depositing these funds with applicable federal, state, and local agencies;
  (9) complying with applicable government regulations concerning employee withholdings, garnishments, mandated withholdings, and benefits;
  (10) preparing and filing required tax forms and reports;
  (11) paying allowable expenses incurred by the employer;
  (12) providing status reports concerning the individual's budget, expenditures, and compliance with CDS option requirements; and
  (13) responding to the employer or DR as soon as possible, but at least within two working days after receipt of information requiring a response from the FMSA, unless indicated otherwise in this chapter.
(b) An FMSA must provide, in accordance with HHSC's instructions, CFC support management to an individual or LAR if:
  (1) the individual is receiving CFC PAS/HAB; and
  (2) the individual or LAR requests to receive CFC support management.
(c) An FMSA must complete HHSC Form 1739 Service Provider Agreement with an employer's service provider before issuing the initial payment for services to the service provider.
(d) An FMSA must accept a designated fee established by HHSC as payment in full for FMS provided.
(e) An FMSA must maintain originals or copies of records to document compliance with this section.
(f) An FMSA must not provide FMS and case management services to the same individual as prohibited in §41.301 of this chapter (relating to Contracting as an FMSA).

Source Note: The provisions of this §41.309 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective July 1, 2013, 38 TexReg 3990; amended to be effective March 20, 2016, 41 TexReg 1925; amended to be effective October 1, 2019, 44 TexReg 5074