Section 264.403 - Transfer Process(a) An individual's CDSA must process a request by the individual or LAR to transfer from one CDSA to another CDSA in accordance with transfer procedures and requirements of the individual's program.(b) The transferring CDSA must, within five working days after receipt of a request to transfer: (1) account in writing for the funds allocated in the individual's service plan or plan of care and budgets and: (A) bill DADS for funds in the individual's budget that the CDSA must pay on behalf of the employer;(B) make payments within required time frames;(C) submit billing adjustments for prior claims and payments from DADS that will not be paid, or deposited by the CDSA for accrued funds, for: (i) deposits, withholdings, and employee and employer contributions; and(ii) a pending payment that will transfer to the receiving CDSA;(2) notify the employer and the individual's case manager or service coordinator in writing of the number of units and the amount of funds remaining in each budget after the scheduled transfer date;(3) transfer all employer-related and employer-agent related information and reports applicable to the individual's budgets, payroll, accrual amounts, and payables: (A) to the receiving CDSA at the time of transfer; and(B) to the receiving CDSA and the employer as received or filed by the transferring CDSA following the transfer;(4) distribute a final CDSA report in accordance with § 41.317 of this chapter (relating to CDSA Reports) and provide the report to the employer, DR, case manager, service coordinator, and the receiving CDSA within five working days after the individual's transfer; and(5) submit a satisfaction survey to the employer or DR in accordance with § 41.331 of this chapter (relating to Annual Evaluation of Job Performance and Satisfaction).(c) Within five working days after the receipt of a request to transfer, the case manager or service coordinator must: (1) process the individual's request to transfer from one CDSA to another CDSA in accordance with the requirements of the individual's program and this chapter;(2) calculate the number of units or amount of funds needed to complete the service plan period based on the individual's current service plan;(3) revise the service plan to indicate the number of units or amount of funds calculated in this subsection effective the date of transfer and: (A) approve only the units and funds calculated as needed if units and funds remaining in the budget meet or exceed the needed number or units or amount of funds to complete the service period, or approve only the amount remaining in the budget for the period remaining in the individual's service plan; and(B) provide a copy of the transferring service plan to the receiving CDSA and employer before the effective date of the transfer; and(4) provide a copy of the individual's revised service plan to the transferring CDSA, the receiving CDSA, and the employer or DR.(d) The employer or DR must provide documentation to the receiving CDSA within five working days after the transfer date to establish and maintain eligibility of each current employee, contractor, and vendor before the service provider being paid by the receiving CDSA. The employer or DR must also provide other documentation requested by the receiving CDSA.(e) The receiving CDSA must: (1) enroll the individual and employer with the CDSA, including registering the CDSA as the employer-agent within program transfer time frames; and(2) initiate FMS and employer-agent responsibilities in accordance with this chapter, including: (A) conducting an initial orientation in the individual's residence only if the current employer has not received an initial orientation from a CDSA;(B) entering into the required service agreement with the employer; and(C) obtaining the required DADS service agreements with each of the employer's service providers before issuing an initial payment to the service provider in accordance with § 41.333 of this chapter (relating to Service Agreements).26 Tex. Admin. Code § 264.403
Transferred from 40 TAC § 41.403 Texas Register, Volume 49, Number 28, July 12, 2024, TexReg 4433, eff. 9/1/2024