HHSC Publishes Guidance for Ending of the Temporary Suspension of Certain LTCR Requirements During COVID-19 Outbreak (PL 2021-29)

Updated September 15th, 2021  (Originally posted on August 15th, 2021)

HHSC has published Provider Letter 2021-29 (replaces PL 2020-21 and 2020-26) – End of Temporary Suspension of Certain LTCR Requirements During COVID-19 Outbreak (PDF).

The letter describes the rule suspensions that ended, the rule suspensions that are still in place, and the rule suspensions that will be ended in the future.

See below specifics for HCS & ICF Only  (link above takes you to guidance for all LTC types of providers)

Suspension of Therapeutic Leave ends August 4th, 2021

• Therapeutic Leave. (Rule: 26 TAC §261.226(a)-(f)); Statute: HSC §252.203(2))

The suspension of license application and renewal timeline requirements ends on October 3, 2021.

• Rules: 26 TAC §551.15(a), (d), and (e) and §551.21(a), (c), and (e)

The following rules will no longer be suspended effective November 2, 2021:-Fire Marshall Approval Documentation

ICF/IID: 26 TAC §551.12(a)

Suspensions Still in Place

• HCS:
• Updated September 15th– HHSC will now allow an HCS four-person residence to add an additional 2 individuals temporarily if the residence has the space to accommodate and has been approved as a four-person residence by HHSC. (Rule: 40 TAC §9.153(39)(B))

•The program provider must notify HCS Survey Operations of the additional individual(s) by emailing the following information to WaiverSurvey.Certification@hhsc.state.tx.us.

•Provider Name and Contract Number

•Name and CARE ID of the individual moving

•Location code and address of permanent residence•Location code and address of temporary residence

Other Suspensions for HCS In place.

• 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))

Contact Information
If you have any questions about this letter, please contact the Policy and Rules Section by email at LTCRPolicy@hhs.texas.gov or call (512) 438-3161.