Section 260.341 - Employment Services(a) A program provider must ensure that a service provider of employment assistance or a service provider of supported employment meets the qualifications described in § 260.203(g) of this chapter (relating to Qualifications of Program Provider Staff).(b) Before including employment assistance on an individual's IPC, a program provider 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 program provider must ensure that employment assistance:(1) consists of a 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 an individual's identified preferences, skills, and requirements;(C) contacting a prospective employer on behalf of an 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 provided in accordance with the individual's IPC and with Appendix C of the DBMD waiver application approved by CMS and available on the HHSC website;(3) is not provided to an individual with the individual present at the same time that one of the following services is provided:(B) transportation provided as a residential habilitation activity;(C) supported employment;(4) does not include using Medicaid funds paid by HHSC to a program provider 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) for supervision, training, support, or 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 program provider 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 program provider must ensure that supported employment:(1) consists of a 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 provided in accordance with the individual's IPC and with Appendix C of the DBMD waiver application approved by CMS and available on the HHSC website;(3) is not provided to an individual with the individual present at the same time that one of the following services are provided:(B) transportation provided as a residential habilitation activity;(C) employment assistance;(4) 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 a program provider 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 § 260.341
Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0915, eff. 2/26/2023