Revision 13-2; Effective September 6, 2013
An individual or LAR may voluntarily request to switch from the CDS option to the provider-managed option. An individual must remain with the provider-managed option for at least 90 days before requesting to transfer back to the CDS option.
The SPT may recommend the individual be involuntarily terminated from the CDS option. For an individual participating in CDS, the case manager must recommend DADS terminate the individual's participation in the CDS option if the case manager determines:
- the individual's continued participation in CDS poses a significant risk to the individual's health, safety or welfare;
- the individual or LAR has not complied with the CDS rules in Title 40, Texas Administrative Code, Chapter 41, Subchapter B, Responsibilities of Employers and Designated Representatives; or
- the employer failed to implement a corrective action plan within required time frames.
Before an FMSA recommends involuntary termination of participation in the CDS option to an individual's case manager, the FMSA must:
- provide documentation to the individual's case manager of additional and ongoing training and supports provided by the FMSA when an employer or DR demonstrates noncompliance with employer responsibilities;
- provide assistance requested by the employer or DR to develop and implement a corrective action plan;
- provide documentation of any corrective action plan required of the employer or DR by the FMSA in accordance with §41.221, Corrective Action Plans; and
- notify the case manager in writing in accordance with the requirements of the individual's program when recommending termination of an individual's participation in the CDS option.
On receipt of a recommendation for involuntary termination from the FMSA or other party, the individual's case manager must:
- provide assistance with accessing supports and developing and implementing a corrective action plan related to non-compliance with program and CDS requirements;
- document interventions used by the individual, employer or DR to eliminate non-compliance with program requirements for delivery of program services through the CDS option; and
- convene the SPT to:
- consider recommendations related to the individual's participation in the CDS option;
- recommend additional interventions to be implemented to protect the individual's health and welfare for continued participation in the CDS option; and
- make revisions to the individual's service plan, if needed.
If the SPT recommends terminating an individual's participation in the CDS option and the individual is receiving other CLASS services from a CLASS DSA, the case manager must:
- request the FMSA submit to DADS Form 3621-T, CLASS/CFC – IPC Service Delivery Transfer Worksheet, documenting the number of service units and the amount of funds to be transferred to the CLASS DSA;
- revise the Individual Program Plan (IPP) to reflect all services will be provided by the DSA;
- work with the DSA as necessary to revise the IPC to remove FMS and support consultation and adjust the remaining funds for the services being moved to the provider-managed option, submitted by the FMSA; and
- submit a written request to DADS to involuntarily terminate the CDS option that includes:
- a description of the service component(s) recommended for termination;
- a statement of the reasons why termination is recommended, including failure by the employer to implement the CDS corrective action plan (Form 1741, Corrective Action Plan);
- a copy of the CDS corrective action plan (Form 1741) describing the employer's attempts to resolve the issues before termination was recommended; and
- a copy of the revised IPC.
The case manager will notify the FMSA (using Form 2067, Case Information) a request to terminate the CDS option has been sent to DADS for approval.