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DADS Provider Alerts — Texas Home Living (TxHmL)

TxHmL Waiver Amendment Comments Accepted Until Jan. 17

DADS stakeholders have until Jan. 17 to review and comment on the draft TxHmL wavier amendment (PDF format). Comments and questions can be emailed to


Register Now for Jan. 11 HCBS State Transition Plan Amendment Webinar

HHSC, DADS and DSHS will host a webinar providing information on the amended HCBS State Transition Plan on Jan. 11, 2016, from 1 – 2 p.m. Central Time. Register here for the webinar.

Learn more about the State Transition Plan amendment the DADS HCBS Rule website.


Feedback on Amended HCBS Transition Plan Due Jan. 19

Stakeholders have until 5 p.m. Jan. 19, 2016, to provide comments on the amended Home and Community Based Services (HCBS) Statewide Transition Plan (STP). Click here for a copy of the amended plan in PDF format. This plan has been revised based on feedback from CMS. (Read the CMS feedback on the STP.)

Comments can be submitted to Kristine Dahlmann at:
Texas Health and Human Services Commission
PO Box 13247
Mail Code H-600
Austin, Texas 78711-3247
Fax: 512-730-7477

About HCBS Federal Rules

On March 17, 2014, the federal Centers for Medicare & Medicaid Services (CMS) issued a final rule under which states may provide home and community-based long term services and supports. States must meet new requirements for home and community-based long term services and supports by March 17, 2019. The new rule defines requirements for qualities for home and community-based settings, assurances of compliance with the settings require­ments, and transition plans to achieve compliance with the settings requirements. (Read the HCBS federal rule.) The state was required to submit a statewide transition plan to CMS detailing how the state would achieve compliance by March 17, 2019.


IDD Medical, Behavioral and Psychiatric Support Teams Now Available Statewide

DADS has a new initiative to help people with IDD who also have complex medical and behavioral needs leave nursing facilities and get the services and supports they need in the community. It is funded by the Money Follows the Person Demonstration Program.

Because these individuals often require more experienced staff to help meet their needs, DADS has contracted with 8 local intellectual and developmental disability authorities (LIDDAs) across Texas to provide support to other LIDDAs and community HCS and TxHmL providers in designated service areas.

The 8 contracted LIDDAs have teams that offer educational activities, technical assistance and case review to themselves, other LIDDAs and community waiver providers. The teams will have licensed medical staff, such as physicians, registered nurses, psychiatrists and psychologists, with experience working with people with IDD.

More details and a coverage map are on the DADS LIDDA website.


Proposed Rules: The Deadline to Comment on Proposed CFC Rules is Midnight, Dec. 27

DADS stakeholders have until midnight Dec. 27, 2015, to provide written comments on proposed Community First Choice rule changes to the following TAC chapters:

  • Chapter 2 Local Authorities Responsibilities
  • Chapter 9 Subchapter D Home and Community-based Services
  • Chapter 9 Subchapter N Texas Home Living
  • Chapter 42 Deaf-Blind with Multiple Disabilities
  • Chapter 41 Consumer Directed Services Option
  • Chapter 45 Community Living Assistance and Support Services
  • Chapter 49 Contracting for Community Services

Written comments may be submitted the following ways:

Mailing Address:
Texas Register Liaison
Legal Services-15R02
Texas Department of Aging and Disability Services
P.O. Box 149030
Austin, Texas 78714-9030

Fax: 512-438-5759


Questions about Chapter 2 can be emailed to Questions about other chapters can be emailed to


HCS & TxHmL Updated Formatted Rules Available

The most current version of the HCS and TxHmL formatted rules are now available on the DADS website.

These include the rules that were effective Nov. 15, 2015.

Email questions to or, as appropriate.


DADS Will Begin Accepting CMP Funds Applications Dec. 1

Beginning Dec. 1, 2015, DADS will begin accepting applications from entities requesting an award of CMP funds to pay for projects and activities that benefit nursing facility residents. We will continue to accept applications through Jan. 31, 2016.

Federal law (sections 1819 and 1919 of the Social Security Act) allows this use of funds obtained from CMPs imposed by the Centers for Medicare & Medicaid Services.

For more information about this process and an application, please visit the DADS CMP Funds for Projects website.

If you have any questions about this process or alert, please call 512-438-2626 or send questions to


DADS Deploys LTSS Texas Medicaid Provider Enrollment Application Forms

The Long-term Services and Supports (LTSS) Texas Medicaid Provider Enrollment Application (Form 3684), and other required forms are now available on DADS Texas Medicaid LTSS Provider Re-enrollment forms page.

Providers who do not bill or do not intend to bill for acute care services through the Texas Medicaid Healthcare Partnership (TMHP) and have an active Medicaid contract with DADS must re-enroll through DADS by March 24, 2016. This includes the following programs and services:

  • Primary Home Care (PHC)
  • Community Attendant Services (CAS)
  • Community Living Assistance and Support Services (CLASS-DSA, CLASS-CMA, CLASS-CFS, CLASS-SFS)
  • Deaf Blind with Multiple Disabilities (DBMD)
  • Medically Dependent Children Program (MDCP)
  • Hospice
  • Day Activity and Health Services (DAHS)
  • Financial Management Services Agency (FMSA) [for all Consumer Directed Services]
  • Home and Community-based Services (HCS)
  • Intermediate Care Facility for Individuals with an Intellectual Disability or Related Conditions (ICF/IID)
  • MDCP – Adaptive Aids (AA)
  • MDCP – Minor Home Modifications (MHM)
  • Nursing Facility (NF)
  • Programs for All-Inclusive Care for the Elderly (PACE)
  • Texas Home Living (TxHmL)
  • Transition Assistance Services (TAS)

Questions can be emailed to


Adoption of Rules Effective November 15, 2015, in 40 TAC Chapter 9, Intellectual Disability Services – Medicaid State Operating Agency Responsibilities, Subchapter D, HCS Program, and Subchapter N, TxHmL

Please be advised that the Health and Human Services Commission, on behalf of the Texas Department of Aging and Disability Services (DADS), has authorized amendments, new rules, and rule repeals for adoption in the Texas Register. The adopted rules:

  • make transition assistance services, pre-enrollment minor home modifications (MHMs), and a pre-enrollment MHMs assessment available to certain applicants in the HCS Program;
  • replace "local authority" with "LIDDA" throughout Chapter 9, Subchapters D and N;
  • require a service coordinator to have a face-to-face contact with an individual to provide service coordination during a month in which it is anticipated that the individual will not receive an HCS or TxHmL Program service;
  • require DADS to keep the name of a military family member who resides out of the state on the HCS or TxHmL interest list while a military member is on active duty or for up to one year after the former military member's active duty ends;
  • require an HCS program provider to ensure there is a sufficient supply of hot water in sinks and bathing facilities and that the temperature of the water does not exceed 120 degrees Fahrenheit;
  • require HCS and TxHmL program providers to ensure that a service provider of behavioral health completes DADS web-based training;
  • require HCS and TxHmL program providers submit evidence of corrective action within a time period determined by DADS instead of submitting evidence within 14 calendar days after the date of the residential visit;
  • address the transition of an individual 21 years of age or older moving from a nursing facility and enrolling in the HCS or TxHmL Programs; and
  • describe how DADS maintains the HCS interest list and the TxHmL interest list and makes and withdraws offers of HCS and TxHmL Program services.

The rules were published as proposed in the Texas Register on July 17, 2015. The adopted rules were published in the Texas Register on November 6, 2015, and are effective as of November 15, 2015.

The adopted rules can be reviewed on the Texas Register website until Friday, November 13, 2015. After that, you can find the November 6, 2015 issue on the Texas Register archive page.

Questions about this alert can be sent to


Here's Your Chance to Provide Feedback on Draft HCBS Survey Tools

DADS stakeholders have until Dec. 7, 2015, to provide feedback on survey tools that will be used to collect information from providers and recipients about home and community-based services. The draft survey tools and how to submit comments is on the HCBS website.

The survey responses will be used to formulate the Texas HCBS transition plan, which will describe how the state will meet the new requirements.

Questions can be emailed to


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