Section 259.365 - Employment Assistance and Supported Employment(a) A DSA must ensure that a service provider of employment assistance and a service provider of supported employment meets the qualifications described in § 259.355(d)(18) of this subchapter (relating to Qualifications of DSA Staff Persons).(b) Before including employment assistance on an individual's IPC, a DSA must ensure and maintain documentation in the individual's record that employment assistance is not available to the individual under a program funded under §110 of the Rehabilitation Act of 1973 or under a program funded under the Individuals with Disabilities Education Act (20 U.S.C. § 1401 et seq.).(c) A DSA must ensure that employment assistance: (1) consists of an employment assistance service provider performing the following activities: (A) identifying an individual's employment preferences, job skills, and requirements for a work setting and work conditions;(B) locating prospective employers offering employment compatible with the individual's identified preferences, skills, and requirements;(C) contacting a prospective employer on behalf of the individual and negotiating the individual's employment; (D) transporting the individual to help the individual locate competitive employment in the community; and (E) participating in service planning team meetings;(2) is not provided to an individual with the individual present at the same time that respite, transportation as a habilitation activity, prevocational services, supported employment, or CFC PAS/HAB is provided; and(3) does not include using Medicaid funds paid by HHSC to the DSA for incentive payments, subsidies, or unrelated vocational training expenses, such as: (A) paying an employer: (i) to encourage the employer to hire an individual; or(ii) to supervise, train, support, or make adaptations for an individual that the employer typically makes available to other workers without disabilities filling similar positions in the business; or(B) paying the individual: (i) as an incentive to participate in employment assistance activities; or(ii) for expenses associated with the start-up costs or operating expenses of an individual's business.(d) Before including supported employment on an individual's IPC, a DSA must ensure and maintain documentation in the individual's record that supported employment is not available to the individual under a program funded under the Individuals with Disabilities Education Act (20 U.S.C. § 1401 et seq.). (e) A DSA must ensure that supported employment: (1) consists of a supported employment service provider performing the following activities: (A) making employment adaptations, supervising, and providing training related to an individual's assessed needs; (B) transporting the individual to support the individual to be self-employed, work from home, or perform in a work setting; and(C) participating in service planning team meetings;(2) is not provided to an individual with the individual present at the same time that respite, transportation as a habilitation activity, prevocational services, employment assistance, or CFC PAS/HAB is provided; and(3) does not include: (A) sheltered work or other similar types of vocational services furnished in specialized facilities; or (B) using Medicaid funds paid by HHSC to the DSA for incentive payments, subsidies, or unrelated vocational training expenses, such as: (i) paying an employer: (I) to encourage the employer to hire an individual; or(II) to supervise, train, support, or make adaptations for an individual that the employer typically makes available to other workers without disabilities filling similar positions in the business; or(ii) paying the individual: (I) as an incentive to participate in supported employment activities; or(II) for expenses associated with the start-up costs or operating expenses of an individual's business.26 Tex. Admin. Code § 259.365
Adopted by Texas Register, Volume 48, Number 04, January 27, 2023, TexReg 0388, eff. 1/30/2023