26 TAC § 259.365. Employment Assistance and Supported Employment

(a) A DSA must ensure that a service provider of employment assistance and a service provider of supported employment meets the qualifications described in §259.355(d)(18) of this subchapter (relating to Qualifications of DSA Staff Persons).

(b) Before including employment assistance on an individual's IPC, a DSA 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 DSA must ensure that employment assistance:

(1) consists of an employment assistance 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 the individual's identified preferences, skills, and requirements;

(C) contacting a prospective employer on behalf of the 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 not provided to an individual with the individual present at the same time that respite, transportation as a habilitation activity, prevocational services, supported employment, or CFC PAS/HAB is provided; and

(3) does not include using Medicaid funds paid by HHSC to the DSA 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) 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

(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 DSA 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 DSA must ensure that supported employment:

(1) consists of a supported employment 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 not provided to an individual with the individual present at the same time that respite, transportation as a habilitation activity, prevocational services, employment assistance, or CFC PAS/HAB is provided; and

(3) 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 the DSA 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.