Section 264.231 - Verification of Eligibility of an Employee or Contractor(a) When an applicant is hired, the employer or DR must ensure that the applicant completes Form 1724, New Service Provider Packet Cover Sheet, and supplies any required support documentation before being employed or retained by the employer or DR for the delivery of services to the individual. The employer or DR must provide Form 1724 to the CDSA.(b) An employer or DR must: (1) withdraw an offer of employment if a person is not eligible for employment based on results of US Citizenship and Immigration Services, Form I-9, Employment Eligibility Verification or regulations of any government agency;(2) verify continued eligibility of employment based on the requirements of the US Citizenship and Immigration Services using Form I-9, Employment Eligibility Verification;(3) maintain a copy of renewed supporting documents; and(4) submit a copy of renewed supporting documentation to the CDSA.(c) An employer or DR must immediately terminate an employee or contractor that does not maintain eligibility to: (1) be employed or retained; or(2) provide the service or services to an individual.(d) If an employee or contractor is permitted, by program rule or with employer approval, to transport the individual, the employer or DR must obtain, maintain, and update copies of the employee's or contractor's: (1) current Texas Driver License; and(2) current proof of minimum auto insurance as required by the State of Texas.(e) An employer or DR may obtain additional background or reference checks on applicants, employees, and contractors. Charges for the costs of background or reference checks must be in the individual's approved budget before the expense is incurred, if the expense will be paid through the individual's budget.(f) If an applicant that has previously been terminated by the employer is being considered as a service provider through the CDS option, the employer or DR must determine eligibility in the same manner as required for a new employee or a new contractor.(g) An employer or DR must obtain written notice from the CDSA that an applicant, employee, or contractor is eligible to be hired, retained, or maintained for service delivery before services are delivered.(h) When contracting with an entity, the employer and the entity must complete a service agreement in which the entity certifies that the entity has checked and verified that each person delivering a service to the individual on behalf of the entity is in compliance with, and will maintain compliance with, this section.26 Tex. Admin. Code § 264.231
Transferred from 40 TAC § 41.231 Texas Register, Volume 49, Number 28, July 12, 2024, TexReg 4433, eff. 9/1/2024