HCS & TxHmL Interpretive Guidance

Senate Bill 1385 (84th Legislature, Regular Session, 2015) and House Bill 2590 (85th Legislature, Regular Session, 2017) authorize the Health and Human Services Commission (HHSC) to collect administrative penalties from providers of Home and Community-based Services (HCS) and Texas Home Living (TxHmL) for failure to comply with certification principles and for other reasons, such as willful interference with the work of an HHSC representative or failing to pay an administrative penalty. House Bill 3720 (87th Legislature, Regular Session, 2021) directed HHSC to develop interpretive guidelines for HHSC staff and HCS/TxHmL program providers regarding the imposition of administrative penalties.

Below are the resources HHSC Long-term Care Regulation has created to assist program providers with rule interpretation.

Interpretative Guidance Booklet

HHSC has developed the Interpretive Guidance Booklet (PDF) to capture the guidance and examples in a format that is comprehensive and easy-to-use for both providers and surveyors. This booklet is a living document that is being made available to the industry with version control, so that HHSC can address questions and ensure consistent understanding of these vital regulations.

Certification Principle Trainings

HHSC has recorded nine trainings as part of the HCS/TxHmL Certification Principles webinar series. These modules are designed to provide interpretive guidance on the certification principles found in TAC Title 40, Part 1, chapter 9.

E-mail LTCR Joint Training for a transcript of any of the recordings below.

HCS and TxHmL Certification Principle Trainings

• Listen to Module 1: Administrative Penalties recording
• Listen to Module 2: Mission, Development, and Philosophy of Program Operations recording
• Listen to Module 3: Comprehensive Nursing Assessment recording
• Listen to Module 4: Staff Member and Service Provider Requirements recording
• Listen to Module 5: Restraints and Seclusion recording
• Listen to Module 6: Quality Assurance recording
• Listen to Module 7: Rights of Individuals recording
• Listen to Module 8: Abuse, Neglect, and Exploitation recording
• Listen to Module 9: Service Delivery recording

Resources

• PL 2020-55 Administrative Penalty Process for Home and Community-based Services (HCS) and Texas Home Living (TxHmL) Program Providers (PDF)
• HCS/TxHmL Certification Principles Webinar Series: Participant Q&A (PDF)

Contact

If you have any questions about interpretive guidance or the resources on this page, email LTCR Policy and Rules or call (512) 438-3161.