October 3rd, 2021

HHSC Publishes In-Home Day Habilitation Information for Program Providers for COVID-19 (IL 2021-45)

Texas HHSC is temporarily waiving certain requirements in Section 3710, 4381.3, 4381.7(6) and 4381.7(7) of the Home and Community-based Services Billing Guidelines and the Texas Home Living Billing Guidelines. This is due to COVID-19 and to provide access to needed day habilitation services.

HHSC has published a revision to this guidance in IL 2021-45 In-Home Day Habilitation Information for Program Providers for COVID-19 (PDF). This replaces IL 2021-39. It extends the temporary guidance through Oct. 31, 2021 unless the public health emergency ends sooner. HHSC will update if there are any changes.

Section 4320 permits day habilitation to be provided to an individual in the individual’s residence only if justified because of the individual’s medical condition or behavioral issues or because the individual is of retirement age. Section 3710 prohibits one service provider from providing different service components or subcomponents at the same time to the same individuals.
Below are descriptions of the temporary policy changes.
See page two for the current policy under Sections 4320 and 3710. Effective March 13, 2020, through October 31st, 2021:
●HCS or TxHmL program providers may provide day habilitation to an individual in the individual’s permanent or temporary residence without having the justification required by Section 4320. This includes individuals residing in their own homes or family homes.
●HCS program providers may, if an individual in the HCS Program is receiving day habilitation in the individual’s temporary or permanent residence, allow the individual’s service provider of residential support, supervised living, or
●host home/companion care to provide day habilitation to the individual at the same time the service provider provides residential support supervised living, or host home/companion care to the individual.  For more information please read information letter IL 2021-45