What are Home and Community Based Services (HCBS) Rules?
People who receive Medicaid home- and community-based services (HCBS) soon will have the same opportunities as people who don’t receive those services. Thanks to new federal Centers for Medicare & Medicaid Services (CMS) rule, people who receive Medicaid HCBS will have the right to live in the most integrated setting and have full access to community living. Lifestyle decisions will be made with each person based on his or her preferences, also known as person-centered planning. The federal rules were effective March 17, 2014.
People getting Medicaid HCBS have the right to:
- Seek employment
- Work in competitive or integrated settings
- Engage in community life
- Control their personal resources
- Receive services in the community
The Texas Department of Aging and Disability Services (DADS) has begun the process of implementing state transition plans. The agency must submit a statewide transition plan to CMS for each 1915 (c) Medicaid waiver.
- Community Living Assistance and Support Services
- Deaf-Blind with Multiple Disabilities
- Home and Community-based Services
- Medically Dependent Children Program
- Texas Home Living
The new federal rules will affect the Texas Department of State Health Services Youth Empowerment Services program, the 1915(i) and 1915(k) state plan options.
Providers and other interested parties will be asked to comment on the transition plans as they are developed. DADS will look for input on:
- Settings that need to be considered when assessing the existing system
- Suggestions on how to conduct the settings assessment
- Ideas on how to address settings that may not be compliant
- Input on how best to improve person-centered planning
Statewide Transition Plan Review
- Texas Statewide Settings Transition Plan – December 2014 (PDF)
- Revised Statewide Settings Transition Plan – March 2015 (PDF)
- Amended Statewide Transition Plan-February 2016 (PDF)
- Revised Statewide Transition Plan - November 2016 (PDF)
HCBS Program Contacts
- Provider/policy information: 512-438-2116
- Contracting information: 512-438-3234
- Eligibility information: Your local authority
- Waiver Survey and Certification: 512-438-4163 or WaiverSurvey.Certification@dads.state.tx.us
- Community Services regional contacts for your region
- HCBS information on Texas Health and Human Services Commission and Texas Department of State Health Services programs [YES Waiver, 1915(k) and 1915(i)]: Medicaid_HCBS_Rule@hhsc.state.tx.us
- Community Living Assistance and Support Services: class@dads.state.tx.us
- Deaf-Blind with Multiple Disabilities: dbmd@dads.state.tx.us
- Home and Community-based Services: hcs@dads.state.tx.us
- Medically Dependent Children Program: mdcp@dads.state.tx.us
- Texas Home Living: hcs@dads.state.tx.us
Provide Feedback on IDD Assessment Instruments
IDD.assessment@dads.state.tx.us