March 30th, 2025
Permanent Policy Change for CFC PAS/HAB- Letter 2025-04
HHSC has published Information Letter 2025-04 Permanent Change to HCS and TxHmL Policy for Community First Choice (CFC) personal assistance services (PAS)/habilitation (HAB) service providers. This letter informs financial management services agencies (FMSAs), local intellectual and developmental disability authorities (LIDDAs), and providers of Home and Community-based Services (HCS) and Texas Home Living (TxHmL) services that the temporary policy allowing the service providers of CFC PAS/HAB to live in the same home as the person receiving CFC PAS/HAB services is now permanent.
March 15th, 2025
Permanent Policy Change for CFC PAS/HAB
In March 2020, HHSC started a temporary policy change for respite and Community First Choice (CFC) Personal Assistance Services (PAS)/Habilitation (HAB) provided in the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) waiver programs.
This change allowed service providers of respite and CFC PAS/HAB to live in the same home as the person receiving these services. A person’s spouse, or parent if the person is under 18, was 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 that was extended and effective through March 31st, 2025, has now been made a permanent policy change, effective April 1st, 2025!
Program providers must complete the required background checks for all service providers, including respite and CFC PAS/HAB providers living in the same home as the individual receiving services. Requirements can be found in the following references:
- The Texas Administrative Code (TAC), Title 26, Part 1, Chapter 263, and Chapter 262.
- HCS and TxHmL Rules, 26 TAC §565.9(b) and §566.9(r) and (s).
- The HCS Program Billing Requirements and the TxHmL Program Billing Requirements, Section 3400 for service provider qualifications, and the CFC Billing Requirements for HCS and TxHmL Program Providers.
If you have any additional questions, please feel free to reach out to LTCR Policy at: LTCRPolicy@hhs.texas.gov.
Exception Ending August 31st, 2023
REMINDER: COVID-19 Update to Temporary Change to HCS and TxHmL Policy for Respite, CFC PAS/HAB Service Provider
In March 2020, HHSC implemented a temporary policy change for respite and Community First Choice Personal Assistance Services/Habilitation provided in the Home and Community-based Services and Texas Home Living 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 Aug. 31, 2023. 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 26, Part 1, Chapter 263 and Chapter 262.
- 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 and the CFC Billing Requirements for HCS and TxHmL Program Providers.
