Section 7000, HCS and TxHmL Interest Lists

Revision 19-6; Effective October 30, 2019

 

Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest lists are a collection of persons’ data who have requested program services and must wait until resources become available for their services. The interest list is collected and managed using the Client Assignment and Registration (CARE) System. CARE compiles the HCS and TxHmL information throughout the state to create the statewide HCS and TxHmL interest lists. Texas Health and Human Services Commission (HHSC) uses the statewide interest lists to offer HCS and TxHmL program services to persons on the lists. The person with the longest time on the interest list is served first.

Separate interest lists are maintained for other HHSC programs such as the Medically Dependent Children Program (MDCP), Community Living Assistance and Support Services (CLASS) and Deaf Blind with Multiple Disabilities (DBMD) waiver programs.

The data for the other lists are maintained in the Community Services Interest List (CSIL) database. A person’s begin date on the interest list in CSIL is referred to as the “Request Date.” Though the HCS and TxHmL interest lists are visible in CSIL, CARE is the system of record for HCS and TxHmL.

The CSIL hotline is 877-438-5658. It is recommended the person, LAR or actively involved party make the call to complete the questionnaire, when requesting placement on other interest lists.

Per the local intellectual and developmental disability authority (LIDDA) Performance Contract, all LIDDAs are required to maintain continuous access to CSIL.

 

7100 Definitions

Revision 19-4; Effective September 9, 2019

 

In this section, the following terms are defined as follows:

Actively involved party – For a person who lacks the ability to provide legally adequate consent and who does not have a legally authorized representative, someone whose significant and ongoing involvement with the person is supportive of the person, as determined by the local intellectual and developmental disability authority (LIDDA). The LIDDA’s determination is based on:

Legally authorized representative (LAR) – Has the meaning assigned in the Continuity of Services Rule – State Facilities, Title 40, Texas Administrative Code, Chapter 2, Subchapter F. A person authorized by law to act on behalf of a person with regard to a matter described in this subchapter, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.

Person – Someone seeking or receiving services and supports.

Primary correspondent – Used frequently in the Client Assignment and Registration (CARE) System. It means the person with whom the LIDDA communicates regarding services for a person. A primary correspondent can be the person. If it is not the person, then it is usually the person’s LAR, a family member of the person, or an actively involved person. For a person whose name is on the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest list, it’s the person with whom the LIDDA maintains contact with for biennial contacts and to make an offer for HCS or TxHmL services when resources become available.

 

7200 Maintenance of the HCS and TxHmL Interest Lists

Revision 19-4; Effective September 9, 2019

 

Each local intellectual and developmental disability authority (LIDDA) is responsible for maintaining the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest lists for its local service area. Using the Client Assignment and Registration (CARE) System, LIDDAs are responsible for:

 

7210 Active Military Status Families

Revision 19-4; Effective September 9, 2019

 

Texas Health and Human Services Commission (HHSC) adopted rules to ensure active duty military members and their dependents who have declared and maintained Texas as the member’s home of record maintain their position on interest lists or other waiting lists for certain health and human services assistance programs.

If the person’s family has temporarily moved out of Texas due to active military service and the family wants the person’s name to remain on the interest list, the person’s family must provide non-Texas contact information to enable the local intellectual and developmental disability authority (LIDDA) to make biennial contact. A non-Texas contact is acceptable in this situation.

LIDDAs will:

If the person or primary correspondent is no longer interested in HCS or TxHmL services and is a Status 1 (interested), see Section 7700, Removing a Person’s Name from the HCS or TxHmL Interest List.

If the person or primary correspondent is no longer interested in HCS or TxHmL services and is a Status 10 (active military), the LIDDA will:

 

7300 Adding a Person’s Name to the HCS or TxHmL Interest Lists

Revision 19-6; Effective October 30, 2019

 

Eligibility for the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) Programs is determined by Texas Health and Human Services Commission (HHSC) only at the time the person has been offered the opportunity to enroll in the waiver program.

If the person, LAR or actively involved party identifies HCS or TxHmL as preferred services on Form 8648, Identification of Preferences, the LIDDA will:

 

7310 Creating an Interest List Record in CARE

Revision 19-4; Effective September 9, 2019

 

A person must be registered in the Client Assignment and Registration (CARE) System for an interest list record to be created. If the person has a CARE ID, the registration has been completed.

Before creating any interest list record, verify the person does not already have an interest list record. The information may be found on the last screen of CARE screen 397, Client ID Information. All interest list status information is maintained within the CARE System and may be viewed on a person’s CARE screen 397. If a record exists, see Section 7800, When to Transfer a Person’s Interest List Record.

A person’s statewide interest list rank is available in CARE screen W26, Interest List – Services Inquiry by Person, if an interest list record is created.

 

7320 Two or More Interest List Records for the Same Person

Revision 19-4; Effective September 9, 2019

 

If one person has two or more interest list records because of multiple Client Assignment and Registration (CARE) System ID numbers, the local intellectual and developmental disability authority (LIDDA) must:

 

7330 Persons Under 22 Years of Age Regarding ICF/IID and NFs – For HCS Only

Revision 19-4; Effective September 9, 2019

 

If the person is under 22 years of age and is being admitted into an intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID), including a state supported living center (SSLC) or a nursing facility (NF), the local intellectual and developmental disability authority (LIDDA) must inform the LAR of the state statute requiring the person’s name to be on the HCS interest list.

The LIDDA should give the LAR the option of declining the biennial contact. See Section 7510, Exception to Biennial Contact.

 

7400 Returned Interest List Notification Letters

Revision 19-4; Effective September 9, 2019

 

Texas Health and Human Services Commission (HHSC) mails out letters via the U.S. Postal Service (USPS) to persons whose names were recently added to the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest lists.

The letter serves as documentation for the person that their name is on the HCS or TxHmL interest list. The letter is sent to the primary correspondent using the address for the primary correspondent in the Client Assignment and Registration (CARE) System. If the primary correspondent’s address is incomplete (e.g., no ZIP code), then the letter is sent to the person using the address for the person in CARE.

When an address in CARE is incomplete or outdated, the letter is returned to HHSC as undeliverable. Periodically, HHSC sends the undeliverable letters it received from USPS to the local intellectual and developmental disability authority (LIDDA).

The LIDDA must:

To ensure that notification letters are not returned, the LIDDA must:

 

7500 Biennial Contact

Revision 19-4; Effective September 9, 2019

 

Each person whose name is on the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest lists with a Status 1, which indicates the person is interested in receiving HCS or TxHmL services, or a status 10, which indicates active military status, must be contacted by their designated local intellectual and developmental disability authority (LIDDA) during each term of the LIDDA Performance Contract. The LIDDA is required to:

If contact with a person with a Status 10 (active military) cannot be made, contact the Biennial Contact Monitor at LIDDAServiceCoordination@hhsc.state.tx.us.

 

7510 Exception to Biennial Contact

Revision 19-4; Effective September 9, 2019

 

There is one exception for the biennial contact: persons under 22 years of age receiving services in an intermediate care facility (ICF/IID) or nursing facility (NF) whose LARs do not want a biennial contact. Since state statute requires the person’s name to be on the Home and Community-based Services (HCS) interest list, Texas Health and Human Services Commission (HHSC) provides the LARs of these persons with the option of declining the biennial contact. That information is then entered in the Client Assignment and Registration (CARE) System W21 screen, in the Yes/No box following the question “Biennial contact declined?” If the LAR answers “yes” to decline the biennial contact, then the LIDDA does not conduct a biennial contact with the LAR.

 

7520 CARE XPTR Reports for Managing Biennial Contacts

Revision 19-4; Effective September 9, 2019

 

Several reports exist in the Client Assignment and Registration (CARE) System XPTR for managing interest list biennial contact requirements. These reports must be used to manage the interest list.

 

7530 Preparation for Biennial Contact

Revision 19-4; Effective September 9, 2019

 

It is important that a LIDDA have documentation that a person requested to be added to the Home and Community-based Services (HCS) or Texas Home Living (TxHmL) interest list(s). Before a biennial contact, a LIDDA should verify that the person’s record contains documentation supporting the request to add the person’s name to the interest list(s). In most cases, the supporting documentation will be Form 8648, Identification of Preferences. Sometimes, the documentation will only be a progress note recording the intake visit.

If supporting documentation is not available, then the local intellectual and developmental disability authority (LIDDA) staff must document in the person’s record the reason why supporting documentation is not available. For instance:

 

7540 Effort for Contacting the Primary Correspondent

Revision 19-4; Effective September 9, 2019

 

Telephone or face-to-face contact with the primary correspondent is preferable. If a person whose name is on the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest lists is currently receiving some services or supports through the local intellectual and developmental disability authority (LIDDA), the biennial contact with the primary correspondent could be conducted face-to-face at the service site. For persons not currently receiving services or supports, a combination of telephone and mail contacts might be necessary in order to arrange for a discussion for the biennial contact.

The following steps may be helpful in finding a person or primary correspondent who has been difficult to locate:

 

7550 Discussions and Documentation

Revision 19-4; Effective September 9, 2019

 

For every biennial contact, the local intellectual and developmental disability authority (LIDDA) must:

The date of the discussion is considered the “Biennial Contact Date.”

The LIDDA must capture the encounter data and document the person specific discussion in contact notes to include:

 

7560 Entering Biennial Contact Information into CARE  

Revision 19-4; Effective September 9, 2019

 

Biennial contact information can be entered into the Client Assignment and Registration (CARE) System at any time, without limitations on data entry dates. Biennial contact is entered in CARE screen W21, Interest List - Services, along with pertinent information gathered during the discussion to include updated contact information and military status. The date of the discussion is considered the “Biennial Contact Date.”

Important: The status date does not change unless the status changes.

To update the person’s and primary correspondent’s mailing addresses in CARE:

 

7570 Unable to Make Biennial Contact

Revision 19-4; Effective September 9, 2019

 

If efforts for contacting the primary correspondent do not result in a contact between the local intellectual and developmental disability authority (LIDDA) and the primary correspondent or person, the LIDDA must:

If the LIDDA receives a response from the person or primary correspondent, the LIDDA will:

If the LIDDA does not receive a response from the person or primary correspondent, the person’s status remains a Status 6 (inactive) until the person is offered HCS or TxHmL services, or the person or primary correspondent contacts a LIDDA. The LIDDA will:

 

7580 Unable to Make Biennial Contact Regarding Facility Residents

Revision 19-4; Effective September 9, 2019

 

If all methods to contact the primary correspondent of a resident of an intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID), including a state supported living center (SSLC) or nursing facility (NF), are unsuccessful, the local intellectual and developmental disability authority (LIDDA) should confirm that the person continues to reside in the ICF/IID, SSLC or NF.

If the person is still a resident, the LIDDA should not change the Status 1 (active) assignment.

If the person is no longer a resident of the facility or any other facility, see Section 7570, Unable to Make Biennial Contact.

 

7600 HCS and TxHmL Interest List Status Designations

Revision 19-4; Effective September 9, 2019

 

The following are status designations in the Client Assignment and Registration (CARE) System for the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest lists.

Important: The status date does not change unless the status changes.

Status 1 – Interested

This status indicates that the person is actively interested in HCS or TxHmL services, as applicable. The local intellectual and developmental disability authority (LIDDA) enters this status when a person or the person’s primary correspondent expresses a desire for the person to receive the service. A LIDDA must make a biennial contact with the primary correspondent of every person with a Status 1. The begin date must match the “date of discussion” on Form 8648, Identification of Preferences.

Status 2 – Pending

This status indicates the person has been authorized by Texas Health and Human Services Commission (HHSC) to receive an offer for HCS or TxHmL, as applicable. HHSC will change the person’s interest list status from a Status 1 (interested) to a Status 2 (pending) on the day HHSC sends the LIDDA the letter authorizing the LIDDA to offer HCS or TxHmL to the person.

Note: Although a Status 2 is not assigned by a LIDDA, a person with a Status 2 may be transferred from one LIDDA to another.

Status 3 – Enrolled

This status indicates the person has been enrolled in the HCS or TxHmL program. When a person is enrolled, a Status 3 (enrolled) and a new status date are automatically posted to the person’s interest list record by CARE.

Status 4 – Denied

This status indicates the person has been denied eligibility for the HCS or TxHmL program. A Status 4 (denied) is automatically posted to the record by CARE, if HHSC determines that the person is not eligible for the program.

Status 5 – Voluntarily Withdrawn (Initiated by the Person or Primary Correspondent)

This status indicates the primary correspondent has voluntarily withdrawn the person’s name from the interest list. The LIDDA changes a person’s interest list status to a Status 5 (voluntarily withdrawn) when the primary correspondent voluntarily withdraws due to one of the following situations:

Status 6 – Inactive (Cannot be Contacted)

Beginning Nov. 21, 2014, this status indicates the primary correspondent cannot be contacted because he or she cannot be located or is not responsive to the biennial contact. Refer to Section 7570, Unable to Make Biennial Contact, for instructions prior to assigning a Status 6. A LIDDA is able to change a Status 6 (inactive) to another more appropriate status any time after the Status 6 (inactive) is entered in CARE.

Note for HCS only: If the person is under 22 years of age and living in an intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID) or nursing facility (NF) and has been offered an opportunity to enroll in the HCS Program, but the primary correspondent could not be contacted, Status 6 (inactive), an automated CARE action will occur to reinstate a Status 1 (interested) with the new “begin date” being the status date of the Status 6 (inactive). This status was not authorized for use between April 1, 2013, and Nov. 21, 2014.  

Status 7 – Removed

This status indicates the person has been removed from the HCS or TxHmL interest list. HHSC assigns this status on a case-by-case basis, such as when HHSC confirms that a letter withdrawing an offer has been delivered to a person or LAR. See Section 7700, Removing a Person’s Name from the HCS or TxHmL Interest List.

Status 8 – Declined

This status indicates the person or LAR completed and signed Form 8601, indicating the person has declined the opportunity to enroll in the program. The LIDDA must enter the Status 8 (declined) using the date of the person’s signature on the form as the status date. A Status 8 (declined) is not assigned for the following reasons:

If a person requests to remain on the HCS or TxHmL interest list after declining the offer to enroll in the program and a Status 8 (declined) is assigned, the LIDDA will:

Status 9 – Transferred

This status indicates the person moved to the local service area of another LIDDA. The LIDDA changes the person’s HCS and TxHmL interest list Status 1 (interested) to a Status 9 (transferred) when the person or LAR moves to the local service area of another LIDDA. A Status 6 (inactive) must be returned to a Status 1 (interested) before an interest list record can be transferred. See Section 7800, When to Transfer a Person’s Interest List Record.
 

Status 10 – Active Military

HHSC assigns this status to indicate the person is unable to complete enrollment into the HCS or TxHmL program, as documented on Form 8601 because the person resides out of the state due to the family’s active military status.  

 

7610 When to Change the Status of a Person’s HCS or TxHmL Interest List Record

Revision 19-4; Effective September 9, 2019

 

A person’s status on the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest list is changed when there is a change in the person’s status, as described in Section 7600, HCS and TxHmL Interest List Status Designations. Once a person is registered with a Status 1, the local intellectual and developmental disability authority (LIDDA) does not change the status unless one of the following occurs:

 

7700 Removing a Person’s Name from the HCS or TxHmL Interest List

Revision 19-4; Effective September 9, 2019

 

The local intellectual and developmental disability authority (LIDDA) changes the person’s interest list status to a Status 5 (voluntarily withdrawn) due to one of the following situations.

If the primary correspondent requests that the person’s name be removed from the Home and Community-based Services (HCS) or Texas Home Living (TxHmL) interest list, the LIDDA must provide a new Form 8648, Identification of Preferences, for the primary correspondent to complete. The primary correspondent must:

Upon receiving a completed, signed and dated Form 8648, indicating that the person’s name be removed from the HCS or TxHmL interest list, the LIDDA will:

If the person moves out of Texas, the LIDDA will:

If the person dies, the LIDDA will:

 

7800 When to Transfer a Persons Interest List Record

Revision 19-4; Effective September 9, 2019

 

When a local intellectual and developmental disability authority (LIDDA) is informed that a person with a Status 1 (interested) or Status 2 (pending) on the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest list is moving or has moved to another LIDDA’s service area, then the transferring LIDDA must:

The receiving LIDDA will:

 

7900 Requesting Changes to a Person’s HCS or TxHmL Interest List

Revision 19-4; Effective September 9, 2019

 

A request for Texas Health and Human Services Commission (HHSC) to change a person’s Home and Community-based Services (HCS) and Texas Home Living (TxHmL) interest list information, due to an input or procedural error, must be made by the local intellectual and developmental disability authority’s (LIDDA), Intellectual and Developmental Disability (IDD) Director.

The LIDDA must:

If HHSC determines the documentation supports the request, HHSC will change the person’s interest list information and notify the LIDDA.

If HHSC determines the documentation does not support the request, HHCS will not change the interest list information and notify the LIDDA.

If a person identifies the HCS or TxHmL Program as a preferred service and the person informs the LIDDA the he or she was determined ineligible for a waiver (other than HCS or TxHmL) due to a reason other than financial ineligibility, the LIDDA will request that HHSC change the person’s begin date for HCS or TxHmL to be the person’s “Request Date/Time” in the Community Services Interest List (CSIL) for the waiver for which the person was denied. If the person is already on the interest lists for HCS or TxHmL, the LIDDA will only request a begin date change if the HCS or TxHmL begin date is later than the person’s “Request Date/Time” in CSIL for the waiver for which the person was denied. The request must be typed and: