# 26 Tex. Admin. Code § 259.365: 26 TAC § 259.365. Employment Assistance and Supported Employment > Texas · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_365 ## Section - **Citation:** 26 Tex. Admin. Code § 259.365 - **Heading:** 26 TAC § 259.365. Employment Assistance and Supported Employment - **Jurisdiction:** Texas - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Texas Administrative Code / Title 26 HEALTH AND HUMAN SERVICES / Part 1 HEALTH AND HUMAN SERVICES COMMISSION / Chapter 259 COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES / 26 TAC § 259.365 ## Text (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. ## Nearby sections - [26 Tex. Admin. Code § 259.351 26 TAC § 259.351. DSA: Compliance with Rules](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_351.md) - [26 Tex. Admin. Code § 259.353 26 TAC § 259.353. DSA: Protection of an Individual](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_353.md) - [26 Tex. Admin. Code § 259.355 26 TAC § 259.355. Qualifications of DSA Staff Persons](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_355.md) - [26 Tex. Admin. Code § 259.357 26 TAC § 259.357. Training of DSA Staff Persons, Service Providers, and Volunteers](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_357.md) - [26 Tex. Admin. Code § 259.359 26 TAC § 259.359. DSA: Service Delivery](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_359.md) - [26 Tex. Admin. Code § 259.360 26 TAC § 259.360. Providing Physical Therapy, Occupational Therapy, and Speech and Language Pathology as a Telehealth Service](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_360.md) - [26 Tex. Admin. Code § 259.361 26 TAC § 259.361. Respite and Dental Treatment](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_361.md) - [26 Tex. Admin. Code § 259.363 26 TAC § 259.363. DSA: Documentation of Services Delivered and Recordkeeping](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_363.md) - [26 Tex. Admin. Code § 259.365 26 TAC § 259.365. Employment Assistance and Supported Employment](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_365.md) - [26 Tex. Admin. Code § 259.369 26 TAC § 259.369. DSA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_369.md) - [26 Tex. Admin. Code § 259.371 26 TAC § 259.371. DSA: Requirements Related to the Abuse, Neglect, and Exploitation of an Individual](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_371.md) - [26 Tex. Admin. Code § 259.373 26 TAC § 259.373. DSA: Requirement for Translation](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_373.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C259_S259_365. Check the current official text before relying on it. Not legal advice.