May 29, 2020

HCS and TxHmL Billing Guidelines Section 4660(1) and CFC Billing Guidelines Section 3710(a)(1) prohibit a person from receiving respite or Community First Choice Personal Attendant Services/Habilitation from someone who lives in the same home as the person.

HHSC is lifting the prohibition on service providers of respite and CFC PAS/HAB from living in the same home as the person receiving Home and Community-based Services and Texas Home Living program services. This is to provide access to needed services for people living in their own home or family’s home. A person’s spouse or a minor child’s parent is still prohibited from being a paid service provider of these services. This temporary policy change is effective March 27 through June 30, 2020.

Program providers must complete the required background checks for all service providers. They must comply with the Texas Administrative Code, Title 40, Part 1, Subchapter D and N, HCS and TxHmL Rules, §9.177 (n) and (o), §9.579 (r) and (s), and HCS and TxHmL Billing Guidelines Section 3400 regarding service provider qualifications.

Contact the HCS or TxHmL program policy at HCSPolicy@hhsc.state.tx.us or TxHmLPolicy@hhsc.state.tx.us with your questions.