4600, Transfers from One FMSA to Another

Revision 13-2; Effective September 6, 2013

An individual or LAR may transfer to a new FMSA at any time. Upon request, the case manager will provide a list of FMSAs serving the individual's CLASS catchment area to the individual or LAR. The FMSA choice lists are on the DADS website at apps.hhs.texas.gov/providers/cds/cdsas/CLASS.cfm.

To locate FMSAs serving the individual's local area, select the county in which the individual resides. The case manager should encourage the individual or LAR to call and interview several FMSAs before selecting one.

4610 Transferring FMSA

Revision 17-1; Effective November 1, 2017

The transferring FMSA must provide the case manager with the current balance of each service category based on most current IPC authorized and actual delivery up to the transfer effective date (Form 3621-T, CLASS/CFC – IPC Service Delivery Transfer Worksheet). The total number of service units provided before the effective date of the transfer is the sum of the number of service units:

  • provided and paid;
  • provided that have been billed but not yet paid; and
  • to be provided until the transfer effective date.

Within five calendar days of notification by the case manager of the individual's decision to transfer to a different FMSA this information must be delivered to the receiving FMSA.

4620 Receiving FMSA

Revision 13-2; Effective September 6, 2013

The receiving FMSA's responsibilities start on the transfer effective date, as identified on Form 3621-T, CLASS/CFC – IPC Service Delivery Transfer Worksheet. The total number of service units available to the individual after having selected the receiving FMSA is the number of service units to be provided from the transfer effective date until the end of the IPC effective period.

Note: FMSAs are not required to be located in the same town in which the individual resides. FMSAs provide FMS. This service does not require ongoing face-to-face contact. While FMSAs are required to make one visit to the individual's home to conduct the CDS orientation before service initiation, the FMSA conducts the remainder of its business via e-mail or fax with the individual or LAR, or the DR if one has been appointed.

4630 Services in the CLASS Programs Available Through the CDS Option that may be Received Outside of the State of Texas

Revision 17-1; Effective November 1, 2017

An individual in the CLASS Program may receive only the following services through the CDS option while the individual is temporarily staying at a location outside the state of Texas:

  • community first choice personal assistance services/habilitation (CFC PAS/HAB);
  • registered nursing;
  • licensed vocational nursing;
  • specialized registered nursing;
  • specialized licensed vocational nursing; and
  • out-of-home respite in a camp setting.

Time Limit on Receiving Services Outside of the State of Texas

An individual in the CLASS Program may receive services listed above through the CDS option while the individual is temporarily staying at a location outside of the State of Texas for no more than 30 calendar days within a service plan year.

Notifications to the Case Manager and FMSA from the CDS Employer

If an individual wants to receive a service through the CDS option while the individual is temporarily staying at a location outside the State of Texas, a CDS employer must, at least five working days before the individual leaves the state, send written notification to the individual’s case manager and FMSA stating the individual is temporarily staying at a location outside the state. If circumstances beyond the CDS employer’s control do not permit the notification to be sent within the five-day time frame, the CDS employer must, at least 24 hours before the individual leaves the state, send written notification to the individual’s case manager and FMSA stating the individual is temporarily staying at a location outside the state.

The written notification must include:

  • the name of the individual who will be receiving a service outside the state of Texas;
  • the type of service the individual will be receiving;
  • the date the delivery of the service will begin;
  • the specific location where the individual will be receiving the service;
  • the length of time the individual is expected to be outside the state of Texas which may be no more than 30 calendar days within a service plan year;
  • contact information for the individual or legally authorized representative while the individual is outside the state of Texas;
  • a copy of a completed HHSC Form 1739, CDS Service Provider Agreement, for the service provider who will be providing the service outside the state of Texas; and
  • an acknowledgement stating the employer and service provider will follow applicable HHSC;
  • rules while providing services outside the state of Texas.

Within three working days after the individual's return to the individual’s residence in Texas, the employer must notify the individual's case manager and FMSA, by phone or in writing, of the individual’s return. The FMSA and case manager must keep the notifications required above in the individual’s record.

If a CDS employer does not comply with the notification requirements described above, the CDS employer may be required to develop a corrective action plan in accordance with HHSC rule at Texas Administrative Code (TAC), Title 40, §41.221.

More information on this option is available in Information Letter No. 16-35 – Receiving Services Outside the State of Texas in the CLASS and DBMD Programs.