Texas - Day Habilitation Services — Licensing, Medicaid Enrollment and Startup Requirements
Last reviewed: 2026-09-10
Effective March 1, 2023, the Texas Health and Human Services Commission (HHSC) replaced traditional Day Habilitation in the Home and Community-Based Services (HCS), Texas Home Living (TxHmL), and Deaf-blind with Multiple Disabilities (DBMD) waivers with a new service called Individualized Skills and Socialization (ISS). Providers seeking to offer facility-based daytime programming must secure a Day Activity and Health Services (DAHS) license through the Texas Unified Licensure Information Portal (TULIP) and subsequently obtain a Medicaid waiver contract via the Contract Administration and Management Portal (CAMP).
Applicants cannot receive a waiver contract without first completing Medicaid enrollment through the Texas Medicaid & Healthcare Partnership (TMHP) Provider Enrollment and Management System (PEMS). The state requires the physical building to conform to Life Safety Code and architectural requirements 45 days before an initial DAHS license application is even submitted.
1. Service Definition and Scope
Texas no longer uses the term "Day Habilitation" for its primary waiver programs. The service was transitioned to Individualized Skills and Socialization (ISS) to better align with federal HCBS settings rules.
For providers operating a physical center where these daytime services are delivered, Texas licenses the facility under the Day Activity and Health Services (DAHS) category. This ensures the physical environment meets health and safety standards outside the individual's residence.
- Former Service Name: Day Habilitation (officially replaced March 1, 2023)
- Current Service Name: Individualized Skills and Socialization (ISS)
- Facility Licensure Category: Day Activity and Health Services (DAHS)
- Applicable Waivers: Home and Community-Based Services (HCS), Texas Home Living (TxHmL), and Deaf-blind with Multiple Disabilities (DBMD)
2. Regulatory and Oversight Agencies
The Texas Health and Human Services Commission (HHSC) is the primary regulatory body responsible for licensing DAHS facilities and managing waiver contracts. HHSC conducts the life safety inspections and issues the physical facility licenses.
The Texas Medicaid & Healthcare Partnership (TMHP) acts as the state's Medicaid claims administrator and handles all provider enrollment processing.
- Licensing and Contracting Agency: Texas Health and Human Services Commission (HHSC) (https://www.hhs.texas.gov)
- Medicaid Enrollment Broker: Texas Medicaid & Healthcare Partnership (TMHP) (https://www.tmhp.com)
- Licensure System: Texas Unified Licensure Information Portal (TULIP) (https://tulip.hhs.texas.gov/TULIP/s/login/)
- Contracting System: Contract Administration and Management Portal (CAMP) (https://hhs.texas.gov)
3. Gatekeeping Prerequisites: Who Can Even Apply
Texas utilizes an open enrollment process for HCS and TxHmL waiver contracts, meaning there is no closed network or RFP procurement required to apply. However, structural prerequisites must be met before a contract application is accepted.
A provider cannot obtain a waiver contract without first securing an active Texas Medicaid enrollment through TMHP. Furthermore, facility-based providers must pass local fire and health inspections before applying for the DAHS license.
- Contract Access: Open enrollment process for TxHmL and HCS waiver contracts
- Facility Prerequisite: DAHS license required before operating a facility-based day center
- Medicaid Enrollment Prerequisite: Must enroll in Texas Medicaid via TMHP PEMS before obtaining a waiver contract
- Physical Plant Prerequisite: Building must conform to Life Safety Code and architectural requirements 45 days before initial DAHS application submission
4. Licensure and Certification Requirements
Initial DAHS licensure requires submission through the TULIP system. The application demands proof of local compliance, including fire marshal and health authority clearances.
Once the application is accepted and the building meets requirements, the facility is permitted to admit at least one but not more than three individuals to trigger an unannounced state inspection.
- Application System: TULIP online application
- Required Inspections: Fire marshal inspection report and local Health authority letter
- Property Documentation: Deeds, leases, subleases, mortgage, or lien information
- Corporate Documentation: Proof of IRS tax identification number
- Initial Admission Limit: 1 to 3 people admitted prior to the unannounced initial inspection
5. Medicaid Provider Enrollment
Medicaid enrollment is processed through TMHP's Provider Enrollment and Management System (PEMS). This step must be completed before applying for the specific waiver contract.
After PEMS enrollment, providers submit a provisional contract application through the HHSC CAMP portal using the required checklist forms.
- Enrollment System: TMHP Provider Enrollment and Management System (PEMS)
- Contract Application Checklist: Form 5873 (HCS/TxHmL Waiver Program Application Packet Checklist)
- Application Portal: CAMP portal for provisional contract applications
- Rule Citation: Texas Administrative Code (TAC) Title 26, Part 1, Chapter 52, Rule 52.31 for provisional contracts
6. Staffing, Training and Background Checks
HHSC verifies provider qualifications prior to service delivery during standard reviews. Facilities must maintain strict safety protocols, including regular emergency drills.
Changes in key personnel, such as the facility director or manager, must be reported to the state promptly to maintain licensure compliance.
- Verification Entity: HHSC verifies provider qualifications during reviews
- Review Frequency: Completed every three years at a minimum
- Personnel Changes: Change in director or manager must be reported to HHSC Licensing Unit via TULIP within 30 days
- Safety Training: Day habilitation centers must conduct a fire drill at least once every 90 days
7. Documentation, Policies and Records
DAHS facilities must maintain current documentation in the TULIP system. Renewals and changes of ownership have strict statutory timelines that trigger penalties if missed.
Providers must report changes to phone numbers, fax numbers, or ownership interests within 30 days of the change.
- Change of Ownership: Form 3725 (Licensure Change of Ownership Affidavit) submitted 30 days prior
- Change of Information: Must report demographic or management changes via TULIP within 30 days
- Renewal Timeframe: Applications generated 120 days before expiration, must be submitted 45 days before expiration
- Late Renewals: Submissions within the 45-day window incur a late fee equal to half the basic renewal fee
8. Billing, Rates and Claims
Claims for waiver services are processed by TMHP. Due to the 2023 service transition, providers must ensure they are billing under the Individualized Skills and Socialization codes rather than legacy Day Habilitation codes.
Participants must meet specific Medicaid eligibility criteria, often requiring SSI eligibility for Regular State Plan Medicaid access.
- Claims Processor: Texas Medicaid & Healthcare Partnership (TMHP)
- Service Transition: Claims for dates of service on or after March 1, 2023, must use ISS codes
- Waiver Programs: Billed under HCS, TxHmL, or DBMD waiver guidelines
- Eligibility Requirement: Participants must be eligible for Texas Regular State Plan Medicaid (SSI eligible) for DAHS
9. Approval Sequence and Timeline
The approval sequence begins with physical facility preparation and local inspections, followed by the DAHS license application in TULIP.
Once licensed, the provider enrolls in Medicaid via TMHP PEMS, and finally applies for the waiver contract via CAMP.
- Step 1: Building must meet Life Safety Code 45 days before TULIP submission
- Step 2: Submit DAHS initial application via TULIP with local fire/health clearances
- Step 3: Admit 1 to 3 individuals to trigger unannounced HHSC inspection
- Step 4: Enroll in Texas Medicaid via TMHP PEMS
- Step 5: Submit provisional contract application via CAMP
10. Common Denials and Survey Findings
Applications are frequently delayed or denied due to physical plant issues or missing local clearances. The Life Safety Code survey is a strict barrier for facility-based services.
Existing providers often face penalties for missing the 45-day renewal window or failing to report management changes.
- Life Safety Failures: Building does not meet architectural or fire marshal standards
- Missing Clearances: Lack of local health authority letter or fire marshal report at application
- Late Renewals: Failure to submit renewal 45 days prior to expiration resulting in late fees
- Unreported Changes: Failing to notify HHSC within 30 days of director or ownership changes
11. Key Contacts and Resources
Providers must utilize the state's official portals for licensing and enrollment. The HHSC Licensing and Credentialing unit handles direct inquiries regarding DAHS applications.
TMHP manages all questions related to PEMS and Medicaid billing.
- HHSC Regulatory Services Licensing and Credentialing: 512-438-2630
- TULIP Portal: https://tulip.hhs.texas.gov/TULIP/s/login/
- TMHP Provider Enrollment: https://www.tmhp.com
- HHSC Main Website: https://www.hhs.texas.gov
See all Texas services · Texas Medicaid consulting · book a consultation.