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When to Request a Supported Employment (SE) Variance
A Home and Community-based Services (HCS) Program or Texas Home Living (TxHmL) Program provider is not allowed to employ an individual receiving services in a position and provide supported employment to that individual in order for the individual to maintain the position with the provider (see the HCS Program Billing Guidelines and the TxHmL Program rules at: Texas Administrative Code, Title 40, Chapter 9, Subchapter N, §9.555 (e)(6)).
A program provider may request HHSC to approve a time-limited, initial variance from this requirement only when, at the time of the individual's waiver program enrollment:
- the individual is employed by the program provider in an SE position;
- SE services provided by the program provider prior to the individual's enrollment were paid with HHSC general revenue funds; and
- the individual (or legally authorized representative) chooses to continue the employment and SE services with the program provider after the individual's waiver program enrollment.
An initial SE variance will not extend more than one year from the date of the individual's waiver enrollment.
After an initial SE variance expires, a program provider may request HHSC to approve an additional (subsequent) SE variance only when significant changes to the individual's job duties justify the program provider reinitiating SE services to ensure the individual maintains employment with the program provider.
How to Request an SE Variance
A program provider must complete Form 8580. The program provider must maintain verifiable documentation of the information on this form in the individual's record.
Submit the completed form and send to the HHSC waiver review team member assigned to your vendor number.