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

Last updated on 6/14/2022

In March 2020, the Texas Health and Human Services Commission (HHSC) implemented a temporary policy change for respite and Community First Choice (CFC) Personal Assistance Services/Habilitation (PAS/HAB) provided in the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) waiver programs. This change allows service providers of respite and CFC PAS/HAB to live in the same home as the person receiving these services.

This change has given greater access to needed services for people living in their own home or family’s home. A person’s spouse or the person’s parent, if the person is under 18, is not allowed to be a paid service provider of these services in accordance with the HCS, TxHmL, and CFC Billing Requirements.

This temporary policy change is effective March 27, 2020, through the end of the federal public health emergency (PHE). When HHSC receives notice from federal authorities that the PHE is ending, an alert will be issued to announce the exact date the policy will no longer be in effect.

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.
  • The HCS and TxHmL Rules, Section 9.177 (n) and (o), and Section 9.579 (r) and (s).
  • The HCS Program Billing Requirements and the TxHmL Program Billing Requirements (Section 3400 for service provider qualifications).
  • The CFC Billing Requirements for HCS and TxHmL Program Providers.