January 27th, 2023

As of 1/27/23, there have been no new alert letters concerning the extension of temporarily waiving certain requirements for In-Home DH  due to the Public Health Emergency, past  January 31st, 2023. This was the date we were given in Letter No. 2022-55.

My understanding is providers would receive notice at least 30 days prior to ending the PHE.  I am assuming at this time that the PHE will extend through Feb. 28th, 2023.  In-Home DH billing will discontinue in TMHP as of March 1st, 2023, so the last day to bill In-Home DH will be Feb. 28th, 2023.  At this point, we move to In-Home ISS services. However, if the PHE does not end, I am unclear yet if In-Home ISS will allow for continuing to waive certain requirements temporarily due to the PHE.  I believe that due to the fact the allowance for anyone to qualify for In-Home DH during the PHE is not part of the In-Home ISS rules/ISS rules, that an addendum would have to be put in place to cover In-Home ISS due to PHE.  Not sure that will happen, so I would plan to be ready by March 1st.

Otherwise, come March 1st, 2023 all individuals wishing to receive In-Home ISS services will have to qualify in the following way:

In-home ISS must be provided in the individual’s residence.

Billing Requirements Section 49102.3

Requirement for Justification by a Licensed Professional or to be 55 Years or Age or Older
Revision 23-1; Effective January 1, 2023

An individual may receive in-home individualized skills and socialization only if:

(a) a physician has documented that the individual’s medical condition justifies the provision of in-home individualized skills and socialization; or

(b) a licensed professional or behavioral supports service provider listed in Section 4240(2), Qualified Service Provider, has documented that the individual’s behavioral issues justify the provision of in-home individualized skills and socialization; or

(c) the individual is 55 years of age or older and requests to receive in-home individualized skills and socialization.

In addition, EVV will need to occur for In-Home ISS services.

Qualifications for Service providers of In-Home ISS are as follows (they don’t need to be licensed)

49102.8 Qualified Service Provider

Revision 23-1; Effective January 1, 2023

In addition to meeting the requirements in Section 3400, Qualified Service Provider, a qualified service provider of the in-home individualized skills and socialization service component;

  • (a) must have: (1) one of the following:
  • (A) a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma; or
  • (B) documentation of a proficiency evaluation of experience and competence to perform the job tasks that includes:
    • (i) a written competency-based assessment of the ability to document service delivery and observations of the individuals to be served; and
    • (ii) at least three written personal references from persons not related by blood that indicate the ability to provide a safe, healthy environment for the individuals being served; and

    (b) must not be the individual’s host home/companion care service provider

November 21, 2022

Letter No. 2022-55 (Replaces IL 2022-54)

This information letter (IL) replacesd IL 2022-54 In-Home Day Habilitation Information for Program Providers for COVID-19, previously released on October 31, 2022, to extend the temporary guidance through January 31, 2023, unless the COVID public health emergency ends sooner. HHSC will provide guidance if anything changes.
In response to COVID-19 and to provide access to needed day habilitation services, the Health and Human Services Commission (HHSC) is temporarily waiving certain requirements in Sections 4381.3, 3710, 4381.7(6) and 4381.7(7) of the HCS Billing Guidelines and the TxHmL Billing Guidelines.

Effective March 13, 2020, through January 31, 2023 unless the COVID PHE ends sooner:
● 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 4381.3. This includes individuals residing in their own homes or family homes.

For more info, please click on the information letter.