November 23rd, 2021
While most of the suspensions related to COVID-19 have ended, the following HCS suspensions are still in place.
- HHSC will still allow an HCS four-person residence to add up to two additional individuals temporarily if the residence has the space to accommodate them and has been approved as a four-person residence by HHSC. (Rule: 40 TAC §9.153(39)(B))
- Suspension of the requirement for HCS providers to ensure at least one complete staff shift change per day for individuals receiving residential support. (Rule: §9.174(a)(38)(C))
- Suspension of the requirement for day habilitation to be provided in accordance with the individual’s person-directed plan, individual plan of care, implementation plan, and Appendix C of the HCS Program waiver application. (Rule: §9.174(a)(28))
- In Relation To a recent alert from HHSC concerning “Background Checks”: 40 TAC 9.177(n) states “The program provider must comply with §49.304 of this title (relating to Background Checks).” This rule has not been waived and is still required.
- Concerning IPC’s & IDRC’s and signatures, I have verified with LTCR (Long-Term Care & Regulatroy) policy department the following: The policy letter you will need to reference is IL 2020-45 and it is currently still valid.
According to HHSC, a service coordinator or program provider is not required to obtain signatures of the individual or LAR on an IPC renewal/revision or on supporting documentation. However, the program provider or LIDDA service coordinator must obtain an oral agreement from the individual or LAR about the IPC renewal/revision and supporting documentation and document the oral agreement in the individual’s record. A program provider or LIDDA service coordinator must obtain the signature of a person, other than the individual or LAR, who is required to sign the IPC renewal/revision or supporting documentation.
For more information regarding the End of Temporary Suspension of Certain LTCR Requirements During COVID-19 Outbreak please see Provider Letter 2021-29.