Revision 21-3; Effective September 1, 2021
Section §1915(c) of the Social Security Act allows states to determine eligibility for certain people seeking home or community-based medical assistance as if they were living in an institution. A person can only enroll in one waiver program at a time but may be on more than one interest list. See the HHS website at https://hhs.texas.gov/about-hhs/records-statistics/interest-list-reduction.
Deeming from parents/spouses and support and maintenance are not considered for Home and Community-Based Services waiver programs. A person is not eligible for waiver services if they are subject to a transfer of assets penalty or have substantial home equity.
A person may be required to share the cost of care (co-payment).
Application for Waiver Programs, O-1100
Waiver Programs and 30 Consecutive Days, O-5000
Home and Community-Based Services Waiver Program Co-Payment Worksheets, Appendix XXII