HCBS Settings Rules Adopted for HCS, TxHmL & TAS (Transition Assistance Services)

February 25th, 2023 Please click on links below to find the referenced rules which were published as adopted on February 24th, 2023, with an effective date of March 1, 2023. HCS Rules TxHmL Rules Please be aware of the following: Only the rule provisions to which changes were made are included in the links above.  I believe HHSC will post the complete set soon. You are urged to read the preamble to the rules, in particular HHSC’s responses to comments...

PHE (Public Health Emergency) & New ISS Services

February 22nd, 2023 I know providers have really been concerned about the period of time between March 1st and May 11th while the PHE has been extended, as to whether or not this will include ISS services for In-Home ISS. HHSC stated it would release a notice soon stating that beginning March 1, 2023 in-home ISS can be done without the justification (medical or behavioral justification or anyone 55 years of age and older should they request such) for such that...

 In-Home ISS in Host Home Companion Care (HH/CC) Settings: Update

February 22nd, 2023  In-Home ISS in HH/CC Settings:  If persons receiving HH/CC services receive in-home ISS only, the provider does not have to be licensed.  If the person receiving HH/CC services engages in community activities (known as off-site ISS), then the provider of the off-site ISS must be a licensed ISS provider.  Note:  EVV is NOT required for in-home DH or in-home ISS in a HH Setting – EVV is only required in own home/family home settings. ...

Modifications to CMS Regs HCBS Settings Rules: Access To Food, Locks On Individual’s Doors & More

February 21st, 2023 Update on Who Qualifies To Assess The Need For A Modification According to HHSC (and the proposed rules that will now be under Chapter 263) modifications to the door lock requirement must be based on a documented, assessed need and brought to the SPT for review and documentation in one’s PDP As to whom determines the assessed need, HHSC stated at recent training sessions in Lake Jackson and Austin I believe, that a licensed professional,...

Repeal of HCS Rules under Title 40, Chapter 9 / Movement to Title 26, Chapter 565

February 14th, 2023   Repeal of HCS Rules under Title 40, Chapter 9 / Movement to Title 26, Chapter 565 Attached please find the proposed changes to the HCS certification principles. The proposed changes repeal rules under Chapter 9, Subchapter D and move to Chapter 565.  Remember that in addition to moving the rules to Chapter 565, several new rules are mentioned to be put in place as well as changes to existing rules for purposes of either updating,...