(a) A service planning team must determine if a service the individual is receiving through the CDS option is critical to the individual's health and safety.     
      (b) The case manager or service coordinator must request and ensure that the employer or DR develop a service backup plan, using DADS Form 1740, CDS Service Backup Plan, if:      
        (1) a service backup plan is required by the rules of the individual's program; or       
        (2) the service planning team determines that a service is critical to the health and safety of the individual in accordance with subsection (a) of this section.       
      (c) The case manager or service coordinator must approve a service backup plan, including a revised plan, before implementation by the employer or DR.     
      (d) The case manager or service coordinator must review each service backup plan during monitoring and at the annual service plan meeting to determine if the plan was implemented and effective.     
      (e) If, after a review required by subsection (d) of this section, the case manager or service coordinator determines the service backup plan was ineffective, the case manager or service coordinator must notify the employer or DR of the determination and that the employer must revise the service backup plan in accordance with §41.217(d)(4)(D) of this chapter (relating to Employer Responsibilities Regarding Service Backup Plan).     
     Source Note:        The provisions of this §41.404 adopted to be effective September 1, 2014, 39 TexReg 6604