An employer and the DR must:

1. (1) complete the initial orientation conducted by the FMSA in the residence of the individual in accordance with §41.307 of this chapter (relating to Initial Orientation of an Employer);

2. (2) complete:

   1. (A) DADS Form 1736, Documentation of Employer Orientation, upon completion of the orientation; and

   2. (B) if applicable, one of the following:

      1. (i) DADS Form 1733, Employer and Employee Exemption from Nursing License for Certain Services; or
      2. (ii) DADS Form 1585, Statement of Responsibilities for Consumer Directed Services;

3. (3) enter into an agreement with the FMSA by signing and dating:

   1. (A) DADS Form 1735, Employer and Financial Management Services Agency (FMSA) Agreement; and
   2. (B) the Service Provision Requirements Addendum to DADS Form 1735;
4. (4) complete DADS Form 1726, Relationship Definitions in Consumer Directed Services;
5. (5) send the original completed forms or a copy of the forms described in this section to the FMSA within five calendar days after the date of the initial orientation; and
6. (6) ensure services are not initiated until after the FMSA receives the completed forms; and
7. (7) retain the original completed forms or a copy of the forms described in paragraphs (2) - (4) of this section.

Source Note:The provisions of this §264.207 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective September 1, 2014, 39 TexReg 6604; transferred effective September 1, 2024, as published in the July 12, 2024, issue of the Texas Register, 49 TexReg 5177.