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DADS Provider Alerts — Consumer Managed Personal Attendant Services (CMPAS)

Changes to TAC Chapter 48 Rules Effective May 23

HHSC has authorized amendments, new rules, and repeals in 40 TAC Chapter 48, Community Care for Aged and Disabled, effective May 23, 2016. The adopted rules:

  • describe how DADS maintains the interest lists in certain DADS community care services and programs;
  • update terminology and describe the eligibility determination process in the IH/FSP;
  • change the eligibility criteria for DADS Title XIX and XX DAHS; and
  • repeal rules governing a pilot program for persons with AIDS, respite care services, and the Community Based Alternatives (CBA) Program;

The rules were published as proposed in the Texas Register on Jan. 8, 2016 and  published as adopted on May 20, 2016.

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Adopted TAC Chapter 44 Rules Effective May 23

HHSC has authorized amendments to 40 TAC Chapter 44, Consumer Managed Personal Attendant Services, effective May 23, 2016. The adopted rules:

  • update the CMPAS rules related to interest lists; and
  • clarify certain provider requirements.

The rules were published as proposed in the Texas Register on Jan. 8, 2016, and published as adopted May 20, 2016.

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U. S. Dept of Labor Home Care Final Rule Took Effect October 13, 2015

On October 6, 2015, Chief Justice of the United States John Roberts denied an application to stay a decision by the U.S. Court of Appeals for the District of Columbia upholding the U.S. Department of Labor's Home Care Final Rule. Therefore, the court's decision on August 21, 2015 took effect on October 13, 2015.

Enforcement of the final rule begins November 12, 2015.  However, from November 12, 2015 through December 31, 2015, DOL will exercise prosecutorial discretion in determining whether to bring enforcement actions, giving strong consideration to the extent to which states and other entities have made good faith efforts to bring their home care programs into compliance. 

The Home Care ruling addresses minimum wage and overtime protection policies in the following programs or services, including the Consumer Directed Services (CDS) Option:

  • Medically Dependent Children Program;
  • Primary Home Care, Community Attendant Services, and Family Care;
  • Consumer Managed Personal Attendant Services;
  • Community Living Assistance and Support Services;
  • Deaf Blind with Multiple Disabilities;
  • Home and Community-based Services; and
  • Texas Home Living.

For previous DADS alerts on the litigation, see "Department of Labor Appeals Home Care Ruling" and "Recent Court Decision Regarding Amended United States Department of Labor Regulations." For more information on the ruling, see DOL's webpage:

For further information, see the following DOL website at; call DOL's toll-free information and helpline, 1-866-4USWAGE (1-866-487-9243), available 8am to 5pm in your time zone; or consult your legal counsel.

For CDS employers, DADS has reissued Information Letter 14-66, Impact of Department of Labor Companionship Exemption on Financial Management Services Agencies and Consumer Directed Services Employers (PDF), originally published on October 17, 2014.


CMS Published New ICD-10 Blog

Want to keep up with ICD-10 as implementation moves along? Then read the ICD-10 blog on their website.

In addition, the DADS ICD-10 News & Resources webpage includes links to this blog and other ICD-10 resources for providers.


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