The employer is either:

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• the person receiving services; or

• the person's legally authorized representative (LAR).

 

The employer may appoint a designated representative (DR) to assist with or carry

out employer duties on the employer’s behalf.

 

Service providers may include employees, contractors, and vendors.

 

Each provider must meet the eligibility requirements for every service they deliver

under the person’s program.

 

Although the employer may choose service providers, some individuals are not eligible

to work in the person’s program.

 

Applicants must meet and continue to meet all program-specific requirements.

 

The employer must assure that each applicant meets and maintains the qualification

requirements will verify each applicant's eligibility before being hired or retained by the

employer In every program, a service provider must:

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• Be at least 18 years old;

• Have no criminal convictions that, under state law, prohibit employment in a health care setting;

• Have no convictions for Medicaid fraud or abuse;

• Not be listed on the Employee Misconduct Registry (EMR) or Nurse Aide Registry (NAR);

• Meet and maintain provider qualifications required by:

• the program;

• state or federal law; or both.

• Be willing and able to meet the needs of the person receiving services and, with training, follow direction from the employer and the designated representative; and

• Have a valid Social Security number, regardless of residence, and provide the documentation needed to complete Form I-9 for

citizenship and immigration status, as required by the federal government.

 

A service provider also must meet the relationship requirements of the person’s program. Under these rules, an employee may not be:

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• The spouse of the person receiving services, except in the Consumer Managed Personal Attendant Services (CMPAS) program;

• The person’s LAR, including:

• a parent; guardian; managing conservator or stepparent of a minor; or

• the guardian of a person of any age.

• The LAR’s spouse, the DR, or the DR’s spouse;

 

Any caregiver who is not eligible for hire under the Community Care for Aged and Disabled (CCAD) unmet need policy:

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• A person who lives with the person receiving services, whether related or not, in these programs:

• Home and Community-based Services (HCS) respite and transportation services;

• Texas Home Living (TxHmL) respite and transportation services; and

• Community Living Assistance  This restriction applies only when the primary caregiver is the CFC, PAS/HAB service provider and lives in the same household as the person receiving services.

 

The person’s caregiver in the Medically Dependent Children Program (MDCP);

 

A foster parent approved by the Texas Department of Family and Protective Services in the HCS and TxHmL programs:

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• A person related to the person within the fourth degree of consanguinity or the second degree of affinity in the TxHmL program for Behavioral Support and Adaptive Aids.

 

See the attached list for definitions of these relationships.

program for Behavioral Support and Adaptive Aids.

 

Employer and Employee Relationship Determination definitions:

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1. The person is the individual receiving services and is either:

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• a minor under age 18; or

• an adult age 18 or older.

 

2. An employer is defined as:

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• an adult with no LAR;

• a parent or guardian of a minor;

• a natural parent, legal or adoptive parent, stepparent, or court-appointed guardian who is the person’s LAR; or

• a foster parent with written authorization from the Department of Family and Protective Services (DFPS) to serve as the employer.

 

3. A designated representative (DR) is a willing adult chosen by the employer to act as the primary contact and decision-maker in the CDS option. The employer still remains responsible for meeting CDS requirements.

 

4. A spouse is a person married to another person. This includes both formal marriage and common-law marriage, as defined in Texas Family Code, Title 1, Chapter 2, Subchapter E, Marriage without Formalities.

 

5. An employee is a person age 18 or older who meets the program’s eligibility requirements, is not barred from employment because of a relationship restriction, and is hired by the employer.