Legally Responsible Person Restrictions …

Originally published by Jerri Lynn Ward, J.D..

 

Effective November 15, 2015, Deaf Blind with Multiple Disabilities (DBMD) rules, Title 40 Texas Administrative Code (TAC) Chapter 42, were amended to clarify:

• restrictions on a legally authorized representative (LAR) or a legally responsible person

  (LRP) providing employment assistance or supported employment services;

• the composition of the service planning team (SPT); and
• the service providers required to receive cardiopulmonary resuscitation (CPR), first aid, and

  choking prevention training.

  A Financial Management Services Agency (FMSA) must inform a Consumer Directed Services employer about the information provided in this information letter (IL).

  Supported Employment and Employment Assistance

  The DBMD waiver application states that an LRP is prohibited from providing any services in the DBMD program, including employment assistance and supported employment services.

  The Centers for Medicare and Medicaid Services defines an LRP as:
  • a parent of a child under the age of 18 (natural or adopted); or
  • the spouse (regardless of age) of an individual receiving waiver services.

  An LRP does not include the parent or legal guardian of an adult (18 years of age or older) receiving services. An LRP also does not include the guardian of a minor.

  In Title 40 of the Texas Administrative Code (TAC)§42.103, DBMD defines an LAR as a person authorized by law to act on behalf of an individual regarding a matter described in 40 TAC Chapter 42 and may include:
  • a parent, guardian or managing conservator of a minor; or

  • the guardian of an adult.

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