(a) For each applicant for delivery of services through the CDS option as an employee, contractor, or vendor, the FMSA must:
  (1) obtain and review documentation from the employer, DR, or applicant that is required to verify each required qualification of the applicant;
  (2) notify the employer or DR of required documentation not received;
  (3) notify the employer or DR using the Verification of Applicant Form (DADS Form 1729) within three working days after receipt of all required documentation that the applicant is or is not qualified to be hired or retained for delivery of the specific service or services; and
  (4) retain documentation on file if the applicant is hired or retained by the employer or DR for service delivery.
(b) The FMSA must review documentation provided by the employer, DR, applicant, or service provider, to determine if the applicant or service provider meets eligibility, licensure, certification or training requirements of the individual's program and government regulations to deliver an intended service and that the planned service meets those requirements.
(c) Before services can be delivered, the FMSA must review Form 1724, New Service Provider Packet Cover Sheet, and any required supporting documentation provided by the employer, DR, or service provider and notify the employer, within two working days, to withdraw an offer of employment if the service provider is not eligible for employment based on results of reviewing the US Citizenship and Immigration Services, Form I-9, Employment Eligibility Verification or regulations of any government agency.
(d) Before services can be delivered, the FMSA must verify an employee's or a contractor's social security number with the Social Security Administration.
(e) The FMSA must not pay for services delivered if the FMSA has not provided written notice to the employer or DR of the service provider's eligibility even if the service provider is determined later by the FMSA to be eligible.
(f) The FMSA must pay, but not claim reimbursement through DADS, for services delivered if the FMSA notified the employer or DR in error that the applicant was eligible.
(g) If an applicant has previously been terminated by the employer or DR, the employer or DR and the FMSA must complete the eligibility process as a new applicant.

Source Note: The provisions of this §41.327 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective July 1, 2013, 38 TexReg 3990