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

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The Texas Health and Human Services Commission (HHSC) has lifted the ban on service providers of respite and CFC PAS/HAB from living in the same home as the person receiving Home and Community-based Services (HCS) and Texas Home Living Waiver (TxHmL) program services. This gives access to needed services for people living in their own or family’s home. A person’s spouse or a minor child’s parent still cannot be a paid service provider of these services due to guidelines found in HCS, TxHmL, and Contingency Fee Contractor (CFC) handbooks located under Long-term Care Waiver Programs.

This is a temporary policy change. It is effective March 27, 2020 through September 30, 2021.

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, §9.177 (n) and (o), and §9.579 (r) and (s)
  • HCS and TxHmL Billing Guidelines Section 3400 for service provider qualifications

Email HCS program policy or TxHmL program policy with questions.