(a) The employer or DR must ensure that services provided
through the CDS option:
  (1) are included on the individual's DADS authorized
service plan and, if required by the program rules, included on any
other plan such as the habilitation plan or implementation plan;
  (2) are budgeted in the employer budget;
  (3) are provided only to the individual;
  (4) are not provided if the individual receiving services
becomes ineligible for program services; and
  (5) meet requirements for payment in accordance with
program rules and §41.241 of this subchapter (relating to Payment
of Services).
(b) If nursing services or MDCP respite or flexible
family support are included on the service plan, the employer or DR
must:
  (1) if the employer or DR hires an RN to deliver the
service, obtain a completed DADS Form 1747, Acknowledgment of Nursing
Requirements, from the RN before the RN provides nursing services
or MDCP respite or flexible family support to the individual;
  (2) if the employer or DR hires a licensed vocational
nurse (LVN) to deliver the service, obtain a completed DADS Form 1747-LVN,
Licensed Vocational Nurse Supervision Certification, from the LVN
before the LVN provides nursing services or MDCP respite or flexible
family support to the individual;
  (3) maintain completed DADS Forms 1747 and 1747-LVN
in the individual's home and send a copy of the completed forms to
the FMSA before delivery of nursing services or MDCP respite or flexible
family support; and
  (4) if program rules require that the individual's
program provider's nurse complete the initial and annual nursing assessment:

    (A) provide a copy of the program provider's nursing
assessment, including the number of nursing hours authorized, to the
CDS nurse; and
    (B) if the CDS nurse disagrees with the number of authorized
nursing hours, ensure that the CDS nurse provides justification to
the service planning team for consideration and a possible service
plan revision.
(c) If DADS determines that an employer or DR is not
in compliance with this section, DADS may require the employer to
develop and implement a corrective action plan in accordance with §41.221
of this subchapter (relating to Corrective Action Plans).


Source Note: The provisions of this §41.238 adopted to be effective September 1, 2014, 39 TexReg 6604