COVID-19 Update to Temporary Change to HCS, TxHmL Policy for Respite, CFC PAS/HAB Service Providers

HHSC has lifted the ban on service providers of respite and Community First Choice PAS/HAB. They can now live in the same home as the person receiving Home and Community-based Services and Texas Home Living program services.

This gives access to needed services for people living in their own or family’s home. A person’s spouse, child or teenager’s parent still cannot be a paid service provider of these services due to guidelines in HCS, TxHmL and CFC handbooks located under Long-term Care Waiver Programs.

This is a temporary policy change. It is effective March 27, 2020 through April 30, 2022, unless the COVID public health emergency ends sooner. HHSC will provide guidance if anything changes.

Program providers must complete the required background checks for all service providers. They must follow:

• The Texas Administrative Code, Title 40, Part 1, Subchapter D and N
• HCS and TxHmL Rules, Section 9.177 (n) and (o), and Section 9.579 (r) and (s)
• HCS and TxHmL Billing Guidelines Section 3400 for service provider qualifications