1. (a) A program provider that uses an EVV vendor system, an FMSA that uses a vendor system, and a CDS employer whose FMSA uses an EVV vendor system must ensure that an EVV system user completes EVV System Training described in the EVV Policy Handbook and provided by the EVV vendor:

   1. (1) before the EVV system user begins using the EVV system; and
   2. (2) yearly thereafter.

2. (b) A PSO or a CDS employer whose FMSA is a PSO must ensure that an EVV system user completes EVV System Training described in the EVV Policy Handbook and provided by the PSO or an entity on behalf of the PSO:

   1. (1) before the EVV system user begins using the EVV system; and
   2. (2) yearly thereafter.

3. (c) A program provider, an FMSA, and a CDS employer must ensure that an EVV system user completes EVV Policy Training described in the EVV Policy Handbook and provided by HHSC or the MCO with which the program provider or FMSA contracts:

   1. (1) before the EVV system user begins using the EVV system; and
   2. (2) yearly thereafter.

4. (d) A program provider and FMSA must ensure that an EVV portal user:

   1. (1) completes EVV Portal Training described in the EVV Policy Handbook and provided by HHSC or its designated contractor:

      1. (A) before the EVV portal user begins using the EVV portal; and
      2. (B) yearly thereafter; and

   2. (2) completes EVV Policy Training described in the EVV Policy Handbook provided by HHSC or the MCO with which the program provider or FMSA contracts:

      1. (A) before the EVV portal user begins using the EVV portal; and
      2. (B) yearly thereafter.

5. (e) A program provider and a CDS employer must train a service provider on the clock in and clock out portion of the EVV System Training described in subsections (a) and (b) of this section:

   1. (1) before the service provider begins using the EVV system; and
   2. (2) yearly thereafter.

6. (f) A program provider that is not an FMSA and uses an EVV vendor system must document the following to demonstrate compliance with subsections (a) and (c) - (e) of this section:

   1. (1) the name of the training;
   2. (2) the name of the person who completed the training; and
   3. (3) the date of the training.

7. (g) A PSO that is not an FMSA must document the following to demonstrate compliance with subsections (b) - (e) of this section:

   1. (1) the name of the training;
   2. (2) the name of the person who completed the training; and
   3. (3) the date of the training.

8. (h) An FMSA that is not a PSO must document the following to demonstrate compliance with subsections (a), (c) and (d) of this section:

   1. (1) the name of the training;
   2. (2) the name of the person who completed the training; and
   3. (3) the date of the training.

9. (i) An FMSA that is a PSO must document the following to demonstrate compliance with subsections (b) - (d) of this section:

   1. (1) the name of the training;
   2. (2) the name of the person who completed the training; and
   3. (3) the date of the training.

10. (j) A CDS employer whose FMSA is not a PSO must document the following to demonstrate compliance with subsections (a), (c) and (e) of this section:

    1. (1) the name of the training;
    2. (2) the name of the person who completed the training; and
    3. (3) the date of the training.

11. (k) A CDS employer whose FMSA is a PSO must document the following to demonstrate compliance with subsections (b), (c) and (e) of this section:

    1. (1) the name of the training;
    2. (2) the name of the person who completed the training; and
    3. (3) the date of the training.
12. (l) If a program provider or an FMSA does not comply with subsections (a), (c), or (d) of this section, HHSC or an MCO may require the program provider or FMSA to complete a corrective action plan.
13. (m) If a PSO does not comply with subsection (b) of this section, HHSC or an MCO may require the PSO to complete a corrective action plan.
14. (n) If a program provider that is not an FMSA does not comply with subsection (e) of this section, HHSC or an MCO may require the program provider to complete a corrective action plan.
15. (o) If a CDS employer whose FMSA is not a PSO does not comply with subsections (a), (c), and (e), an FMSA may require the CDS employer to complete a corrective action plan.
16. (p) If a CDS employer whose FMSA is a PSO does not comply with subsections (b), (c) and (e), an FMSA may require the CDS employer to complete a corrective action plan.

Source Note:The provisions of this §354.4015 adopted to be effective January 1, 2024, 48 TexReg 7171.