(a) An employer may request voluntary termination of participation in the CDS option and receive services through a program agency provider at any time. The termination must last at least 90 calendar days.
(b) An individual may be involuntarily terminated from participation in the CDS option in accordance with the requirements of the individual's program.
(c) FMS and, if applicable, support consultation, are terminated in the individual's service plan when participation in the CDS option is terminated.
(d) An individual's case manager or service coordinator convenes the individual's service planning team concerning issues that may warrant immediate termination of the individual's participation in the CDS option. On review of the information, the service planning team may recommend immediate termination of participation in the CDS option when:
  (1) the individual's health or welfare is immediately jeopardized by the individual's participation in the CDS option;
  (2) the DR has been convicted of an offense under Chapter 32 of the Penal Code or an offense barring employment as listed in the Texas Health and Safety Code, §250.006(a) and (b); or
  (3) DADS or another government agency with applicable regulatory authority recommends that participation in the CDS option be immediately terminated.
(e) If an individual, LAR, or DR does not implement and successfully complete the following steps and interventions, an individual's service planning team may recommend termination of participation in the CDS option in accordance with the individual's program requirements:
  (1) eliminate jeopardy to the individual's health or welfare;
  (2) successfully direct the delivery of program services through CDS;
  (3) meet employer responsibilities;
  (4) successfully implement corrective action plans; or
  (5) appoint a DR or access other available supports to assist the employer in meeting employer responsibilities.
(f) Before a CDSA recommends involuntary termination of participation in the CDS option to an individual's case manager or service coordinator, the CDSA must:
  (1) provide documentation to the individual's case manager or service coordinator of additional and ongoing training and supports provided by the CDSA when an employer or DR demonstrates noncompliance with employer responsibilities;
  (2) provide assistance requested by the employer or DR to develop and implement a corrective action plan;
  (3) provide documentation of any corrective action plan required of the employer or DR by the CDSA in accordance with §41.221 of this chapter (relating to Corrective Action Plans); and
  (4) notify the case manager or service coordinator in writing in accordance with the requirements of the individual's program when recommending termination of an individual's participation in the CDS option.
(g) On receipt of a recommendation for involuntary termination from the CDSA or other party, the individual's case manager or service coordinator must:
  (1) provide assistance with accessing supports and developing and implementing a corrective action plan related to noncompliance with program and CDS requirements;
  (2) document interventions utilized by the individual, employer, or DR to eliminate noncompliance with program requirements for delivery of program services through the CDS option; and
  (3) convene the service planning team to:
    (A) consider recommendations related to the individual's participation in the CDS option;
    (B) recommend additional interventions to be implemented to protect the individual's health and welfare for continued participation in the CDS option; and
    (C) make revisions to the individual's service plan if needed.
(h) If the individual's service planning team recommends termination of participation in the CDS option, the CDSA must:
  (1) provide a final report as described in §41.219 of this chapter (relating to CDSA Reports) to the employer and the case manager or service coordinator within five working days after an individual's termination;
  (2) provide copies to the employer of documentation as received and filed on behalf of the employer following the individual's termination from the CDS option; and
  (3) submit a satisfaction survey to the employer within five working days after the termination date in accordance with §41.331 of this chapter (relating to Annual Evaluation of Job Performance and Satisfaction).
(i) The individual's case manager or service coordinator must meet requirements of the individual's program and this chapter for termination of service to include documentation of all proceedings and notices in accordance with the individual's program requirements.
(j) If the service planning team recommends terminating participation in the CDS option, an individual's case manager or service coordinator must document:
  (1) the reasons for the recommendation;
  (2) the conditions and time frame established by the individual's service planning team that the individual must meet prior to re-enrollment in the CDS option;
  (3) justification for any time period for a termination in excess of the minimum 90-day requirement; and
  (4) if applicable, the conditions and time frame specified by a hearing officer as the result of a fair hearing that upholds the termination.
(k) When an individual's participation in the CDS option is terminated, the case manager or service coordinator must take steps and interventions in accordance with the requirements of the individual's program to:
  (1) ensure continuity of delivery of program services that were being delivered through the CDS option; and
  (2) document arrangements made for delivery of program services that were being delivered through the CDS option to be delivered by the individual's program provider or other resources.

Source Note: The provisions of this §41.407 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective January 1, 2009, 33 TexReg 10509