1. (a) The consumer directed services (CDS) payment option is made available to eligible consumers in the Community Based Alternatives (CBA), Community Living Assistance and Support Services (CLASS), Deaf-Blind Multiple Disabilities, Medically Dependent Children, and Primary Home Care (PHC) programs.
2. (b) The sum of the payment rate for the contracted CDS agency and the payment rate for the consumer participating in CDS must not exceed the payment rate made to contracted providers in these programs. The payment rate for the contracted CDS agency is determined by modeling the estimated administrative cost to carry out the responsibilities of the CDS agency. The payment rate for the consumer is determined by subtracting the contracted CDS payment rate from the payment rate made to contracted providers in these programs.
3. (c) The CDS payment rate is paid to the CDS agency as a percentage of the amount expended and claimed to the Texas Department of Human Services.
4. (d) Consumers must expend on the average hourly compensation of attendants, an amount equal to the calculated attendant cost component of the consumer payment rate per hour of service divided by 1.10. Compensation includes salaries and wages, payroll taxes, workers' compensation, employee benefits/insurance, and mileage reimbursement.

Source Note:The provisions of this §355.114 adopted to be effective December 1, 2001, 26 TexReg 9375; amended to be effective June 17, 2003, 28 TexReg 4544; amended to be effective September 1, 2004, 29 TexReg 7667.