TITLE 26. HEALTH AND HUMAN SERVICES
PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 271. COMMUNITY CARE SERVICES ELIGIBILITY
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §271.1, concerning Definitions of Program Terms; §271.5, concerning Community Services Interest Lists; §271.7, concerning Enrollment; §271.51, concerning Eligibility for Services; §271.53, concerning Income and Income Eligibles; §271.55, Determination of Countable Income; §271.57, concerning Income from Excludable Sources; §271.59, concerning Income from Exempt Sources; §271.61, concerning Age; §271.63, concerning Need; §271.65, concerning Indian-related Exemptions; §271.69, concerning Family Care; §271.71, concerning Home Delivered Meals; §271.73, concerning Adult Foster Care; §271.75, concerning Special Services to Persons with Disabilities; §271.77, concerning Day Activity and Health Services; §271.79, concerning Case Management Services; §271.81, concerning Primary Home Care or Community Attendant Services; §271.83, concerning Time Allocation for Escort Services; §271.85, concerning Residential Care; §271.87, concerning Emergency Care; §271.89, concerning Resource Limits; §271.91, concerning Countable Resources; §271.93, concerning Resource Exclusions; §271.95, concerning Emergency Response Services; §271.97, concerning Residential Care Services; §271.151, concerning Application for Services; §271.153, concerning Recertification; §271.155, concerning Denial, Reduction, and Termination of Benefits; §271.159, concerning Adult Foster Care Client Rights and Responsibilities, and the repeal of §271.3, concerning Definitions.
Section 271.5 is adopted with changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2898). This rule will be republished.
Sections 271.1, 271.7, 271.51, 271.53, 271.55, 271.57, 271.59, 271.61, 271.63, 271.65, 271.69, 271.71, 271.73, 271.75, 271.77, 271.79, 271.81, 271.83, 271.85, 271.87, 271.89, 271.91, 271.93, 271.95, 271.97, 271.151, 271.153, 271.155, 271.159, and the repeal of §271.3 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2898). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, abolished the Texas Department of Aging and Disability Services (DADS) and transferred its functions to the Texas Health and Human Services Commission (HHSC), including Community Care for Aged and Disabled (CCAD). The program name was subsequently renamed to Community Care Services Eligibility (CCSE) on September 1, 2016. The rules for CCSE were administratively transferred from Title 40 Texas Administrative Code (TAC) to Title 26. The purpose of this adoption is to update references and terms in the rules to reflect the transition of the program from DADS to HHSC.
The amendments replace outdated references to "DADS" and "CCAD" with "HHSC" and "CCSE," which are the appropriate oversight agency and program. Additionally, there are references to outdated terms and program names such as "food stamps" or "aid to families with dependent children." The adoption updates those references to align 26 TAC, Part 1, Chapter 271, with both the agency's person-centered language policy and Texas Government Code Chapter 392. Eligibility requirements for the program are not changing.
COMMENTS
The 31-day comment period ended June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed rules.
A minor editorial change was made to §271.5 to add the closing parenthesis in a citation.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; and Texas Human Resources Code §117.080(e) which authorizes the executive commissioner of HHSC to adopt rules necessary to implement that section, including requirements applicable to Centers for Independent Living (CIL) providing independent living services under the program.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 21, 2025.
TRD-202503023
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: September 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (817) 458-1902
SUBCHAPTER
B.
STATUTORY AUTHORITY
The repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; and Texas Human Resources Code §117.080(e) which authorizes the executive commissioner of HHSC to adopt rules necessary to implement that section, including requirements applicable to Centers for Independent Living (CIL) providing independent living services under the program.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 21, 2025.
TRD-202503024
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: September 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (817) 458-1902
26 TAC §271.5, §271.7
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; and Texas Human Resources Code §117.080(e) which authorizes the executive commissioner of HHSC to adopt rules necessary to implement that section, including requirements applicable to Centers for Independent Living (CIL) providing independent living services under the program.
§271.5.
(a) HHSC maintains, for each HHSC region, a community services interest list for each community care services eligibility service or program authorized under Title XX of the Social Security Act.
(b) A person or responsible person may request in person, by phone, or in writing that HHSC add a person's name to a Title XX of the Social Security Act community services interest list. The person making the request must provide a Texas address for the person.
(c) HHSC adds a person's name to a community services interest list if:
(1) a request is made in accordance with subsection (b) of this section; or
(2) an applicant's name is on the interest list for an HHSC region and the applicant or a responsible person notifies HHSC that the applicant has moved to another HHSC region and requests that the applicant's name be added to the interest list for the HHSC region to which the applicant has moved.
(d) HHSC adds an applicant's name to a community services interest list with an interest list request date as follows:
(1) for a request to add an applicant's name to the interest list made in accordance with subsection (b) of this section, the date of the request; or
(2) for a request to add an applicant's name to the interest list made in accordance with subsection (c)(2) of this section, the date of the original request made in accordance with subsection (b) of this section.
(e) HHSC removes an applicant's name from a community services interest list if:
(1) the applicant or responsible person requests that the applicant's name be removed from the interest list;
(2) the applicant moves out of Texas, unless the applicant is a military family member living outside of Texas:
(A) while the military member is on active duty; or
(B) for less than one year after the former military member's active duty ends;
(3) the applicant is a military family member living outside of Texas for more than one year after the former military member's active duty ends;
(4) the applicant or responsible person declines an offer of a community care service or program when contacted by HHSC, as described in §271.7 of this subchapter (relating to Interest Lists) unless the applicant is a military family member living outside of Texas:
(A) while the military member is on active duty; or
(B) for less than one year after the former military member's active duty ends;
(5) the applicant is deceased; or
(6) HHSC denies an applicant's eligibility for the community care service or program and the applicant has had an opportunity to exercise the right to appeal the decision in accordance with Title 1 Texas Administrative Code (TAC), Part 15, §357.3 (relating to Authority and Right to Appeal) or §271.155 of this chapter (relating to Denial, Reduction, and Termination of Benefits) and did not appeal the decision, or appealed and did not prevail.
(f) If HHSC removes an applicant's name from a community services interest list in accordance with subsection (e)(1) - (4) of this section and, within 90 calendar days after the name was removed, HHSC receives an oral or written request to reinstate the applicant's name on the interest list, HHSC:
(1) reinstates the applicant's name to the interest list with an interest list request date described in subsection (d)(1) or (2) of this section; and
(2) notifies the applicant in writing that the applicant's name has been reinstated to the interest list in accordance with paragraph (1) of this subsection.
(g) If HHSC removes an applicant's name from a community services interest list in accordance with subsection (e)(1) - (4) of this section and, more than 90 calendar days after the name was removed, HHSC receives an oral or written request to reinstate the applicant's name on the community services interest list, HHSC:
(1) adds the applicant's name to the community services interest list with a request date of:
(A) the date HHSC receives the oral or written request to reinstate; or
(B) because of extenuating circumstances as determined by HHSC, the original request date described in subsection (d)(1) or (2) of this section; and
(2) notifies the applicant in writing that the applicant's name has been added to the community services interest list in accordance with paragraph (1) of this subsection.
(h) If HHSC removes an applicant's name from a community services interest list in accordance with subsection (e)(6) of this section and HHSC subsequently receives an oral or written request to reinstate the applicant's name on the community services interest list, HHSC:
(1) adds the applicant's name to the community services interest list with a request date of the date HHSC receives the oral or written request to reinstate; and
(2) notifies the applicant in writing that the applicant's name has been added to the community services interest list in accordance with paragraph (1) of this subsection.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 21, 2025.
TRD-202503025
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: September 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (817) 458-1902
SUBCHAPTER
C.
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; and Texas Human Resources Code §117.080(e) which authorizes the executive commissioner of HHSC to adopt rules necessary to implement that section, including requirements applicable to Centers for Independent Living (CIL) providing independent living services under the program.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 21, 2025.
TRD-202503026
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: September 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (817) 458-1902
SUBCHAPTER
D.
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; and Texas Human Resources Code §117.080(e) which authorizes the executive commissioner of HHSC to adopt rules necessary to implement that section, including requirements applicable to Centers for Independent Living (CIL) providing independent living services under the program.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 21, 2025.
TRD-202503027
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: September 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (817) 458-1902