Texas - I/DD Services — Licensing, Medicaid Enrollment and Startup Requirements
Last reviewed: 2026-08-16
Texas serves individuals with intellectual and developmental disabilities (I/DD) primarily through the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) Medicaid waiver programs. These programs offer a full continuum of care, ranging from day habilitation and supported employment to 24-hour residential support services and host homes.
The single biggest structural barrier to entry for new providers in Texas is the mandatory Provider Competency Examination and Application Training prerequisite. Unlike states that rely on standard facility licensure, Texas utilizes a noncompetitive open enrollment contracting model where prospective HCS and TxHmL providers must first pass a rigorous state-administered exam with a score of 90% or higher before their application will even be accepted by the Texas Health and Human Services Commission (HHSC).
1. Service Definition and Scope
In Texas, I/DD waiver services are delivered primarily through the HCS and TxHmL programs. HCS provides comprehensive services including residential care, while TxHmL focuses on individuals living in their own or family homes.
Both waivers cover a broad array of supports designed to prevent institutionalization in an Intermediate Care Facility for Individuals with an Intellectual Disability or Related Conditions (ICF/IID).
- HCS Residential Services: 24-hour living arrangements including Supervised Living (up to 3 individuals) and Residential Support Services (up to 4 individuals).
- Host Home/Companion Care: Residential support provided in a private residence by a contractor who lives in the home.
- Day Habilitation: Assistance with acquiring, retaining, or improving self-help, socialization, and adaptive skills.
- Supported Employment: Assistance sustaining competitive employment in an integrated setting.
- Nursing Services: RN and LVN services to manage complex medical needs in the community.
- TxHmL Scope: Essential services like Community Support and respite for individuals living in their own or family homes, excluding out-of-home residential options.
2. Regulatory and Oversight Agencies
The Texas Health and Human Services Commission (HHSC) is the single state Medicaid agency and the primary operating agency for the HCS and TxHmL waivers. HHSC handles both the certification of providers and the execution of Medicaid provider contracts.
Local Intellectual and Developmental Disability Authorities (LIDDAs) serve as the front door for the system, managing interest lists and service coordination, while the Texas Medicaid & Healthcare Partnership (TMHP) manages claims and enrollment.
- Texas Health and Human Services Commission (HHSC): Administers the waivers, certifies providers, and manages open enrollment contracts (https://www.hhs.texas.gov).
- HHSC Long-Term Care Regulation (LTCR): Conducts surveys, residential inspections, and enforces certification principles (https://www.hhs.texas.gov/providers/long-term-care-providers).
- Texas Medicaid & Healthcare Partnership (TMHP): Operates the Provider Enrollment and Management System (PEMS) and processes Medicaid claims (https://www.tmhp.com).
- Local Intellectual and Developmental Disability Authorities (LIDDAs): Conducts intake, manages the HCS/TxHmL interest lists, and provides targeted case management (https://apps.hhs.texas.gov/contact/la.cfm).
3. Gatekeeping Prerequisites: Who Can Even Apply
Texas does not require a Certificate of Need (CON) or Facility Need Review for HCS or TxHmL providers, nor does it restrict entry through closed networks or competitive RFPs. Instead, HHSC utilizes a continuous Open Enrollment process for these waivers.
However, Texas imposes a strict educational and testing gatekeeper. Applicants cannot submit an open enrollment application until they have completed mandatory training and passed a state-administered competency exam.
- Provider Competency Examination: The applicant's designated program manager must attend HHSC training and pass the exam with a score of at least 90% before applying.
- Experience Requirement: The applicant's resume must reflect at least three years of paid experience in providing services to individuals with I/DD.
- Open Enrollment Window: Applications for HCS and TxHmL are accepted year-round on a noncompetitive basis by HHSC.
- Legal Entity Status: The applicant must be a legally established entity authorized to do business in Texas, with a Certificate of Formation filed with the Texas Secretary of State.
- No Certificate of Need: Texas genuinely does not require a CON or Facility Need Review for HCS or TxHmL waiver providers.
4. Licensure and Certification Requirements
Texas does not issue a traditional facility license for HCS or TxHmL provider agencies. Instead, providers are certified by HHSC Long-Term Care Regulation (LTCR) as meeting the Program Provider Certification Principles outlined in the Texas Administrative Code (TAC).
To obtain and maintain this certification, providers must pass an initial readiness review and subsequent onsite surveys. Residential locations must pass specific Life Safety Code and fire marshal inspections before individuals can move in.
- HCS Certification Rules: Governed by Texas Administrative Code (TAC) Title 26, Part 1, Chapter 262.
- TxHmL Certification Rules: Governed by Texas Administrative Code (TAC) Title 26, Part 1, Chapter 263.
- Contracting Rules: Governed by TAC Title 26, Part 1, Chapter 52, Subchapter B.
- Residential Inspections: HCS Supervised Living and Residential Support homes must pass an initial HHSC Life Safety inspection and local fire marshal approval.
- Initial Certification Survey: HHSC LTCR conducts a provisional survey within the first 120 days of the provider serving their first individual.
5. Medicaid Provider Enrollment
Once HHSC approves the open enrollment application and issues a contract number, the provider must formally enroll in Texas Medicaid. This is done exclusively through the Texas Medicaid & Healthcare Partnership (TMHP).
Providers must use the TMHP Provider Enrollment and Management System (PEMS) to link their HHSC contract to their National Provider Identifier (NPI) and establish their Medicaid billing privileges.
- Enrollment Portal: TMHP Provider Enrollment and Management System (PEMS) (https://www.tmhp.com/topics/provider-enrollment).
- NPI Requirement: Providers must obtain a Type 2 (Organizational) National Provider Identifier from NPPES before applying in PEMS.
- Application Fee: Applicants must pay the federal Medicaid application fee (approximately $731 for 2024) unless they have an approved waiver or proof of payment to Medicare.
- Revalidation: Texas requires HCS and TxHmL providers to revalidate their Medicaid enrollment through PEMS every 3 to 5 years.
- Taxonomy Codes: Providers must select the appropriate taxonomy codes for I/DD waiver services (e.g., 251S00000X for Community Based Agency) during PEMS enrollment.
6. Staffing, Training and Background Checks
Texas mandates strict background screening and training requirements for all HCS and TxHmL staff, contractors, and Host Home providers. Agencies must designate a qualified Program Provider to oversee daily operations.
Background checks must be completed prior to direct contact with individuals and must query multiple state registries to ensure no history of abuse, neglect, or exploitation.
- Criminal History Check: Required via the Texas Department of Public Safety (DPS) for all employees, contractors, and volunteers.
- Employee Misconduct Registry (EMR): Mandatory pre-employment and annual checks against the Texas HHSC EMR.
- Nurse Aide Registry (NAR): Mandatory checks to ensure the applicant is not listed as revoked or suspended.
- OIG LEIE: Providers must screen all staff against the federal HHS Office of Inspector General List of Excluded Individuals/Entities.
- Staff Qualifications: Direct service workers must be at least 18 years old, hold a high school diploma or GED, or pass a competency test.
- Required Training: Staff must complete training on abuse/neglect reporting, rights of individuals with I/DD, and the individual's specific Implementation Plan (IP).
7. Documentation, Policies and Records
The HHSC open enrollment application requires a comprehensive packet of legal and operational documentation. Providers must prove financial solvency and submit detailed entity formation documents.
Operationally, providers must maintain policies that align with the HCS/TxHmL Certification Principles, including critical incident management, restraint reduction, and individualized service planning.
- Entity Documents: Certificate of Formation, Articles of Incorporation/Organization, and Assumed Name Certificate filed with the Texas Secretary of State.
- Financial Solvency: Proof of a line of credit or liquid assets sufficient to cover at least two months of operating expenses.
- Business Plan: A detailed plan outlining the agency's organizational structure, service area, and operational readiness.
- Critical Incident Policies: Written procedures for reporting abuse, neglect, and exploitation (ANE) to the Texas Department of Family and Protective Services (DFPS).
- Service Records: Providers must maintain an Implementation Plan (IP) for each individual, documenting how waiver services will be delivered and tracked.
8. Billing, Rates and Claims
HCS and TxHmL are fee-for-service Medicaid waivers in Texas, meaning providers bill the state directly rather than going through Managed Care Organizations (MCOs) for waiver services.
Claims are submitted through TMHP's TexMedConnect system or via EDI. Providers must also use the HHSC Client Assignment and Registration (CARE) system and the TMHP Long-Term Care (LTC) Online Portal for service authorizations.
- Billing System: Claims are submitted via TMHP TexMedConnect or an approved EDI clearinghouse.
- Authorization Portal: TMHP LTC Online Portal is used to manage Individual Plan of Care (IPC) authorizations and Level of Care (LOC) assessments.
- Rate Setting: HHSC Provider Finance Department establishes fixed, statewide fee schedules for all HCS and TxHmL services.
- CARE System: Providers must enter critical data, including residential discharges and critical incidents, into the legacy CARE system.
- EVV Requirement: Electronic Visit Verification (EVV) is required for in-home day habilitation, in-home respite, and Community First Choice (CFC) personal assistance services.
9. Approval Sequence and Timeline
Becoming an HCS or TxHmL provider is a multi-step process that typically takes 4 to 6 months from the time the competency exam is passed.
The sequence moves from training and testing to HHSC contract approval, followed by TMHP Medicaid enrollment, and finally, readiness review and initial certification.
- Step 1: Attend HHSC Provider Application Training and pass the Competency Examination (90% required).
- Step 2: Submit the Open Enrollment application packet to HHSC Contract Administration (processing takes 60-90 days).
- Step 3: Receive HHSC contract execution and provisional approval.
- Step 4: Submit Medicaid enrollment application through TMHP PEMS (processing takes 30-60 days).
- Step 5: Pass initial Life Safety Code inspections for any 3-bed or 4-bed residential group homes.
- Step 6: Begin accepting referrals from LIDDAs and undergo the initial HHSC LTCR certification survey within 120 days of serving the first individual.
10. Common Denials and Survey Findings
Applications are frequently delayed or denied at the open enrollment stage due to incomplete entity documentation or failure to meet the strict 90% threshold on the competency exam.
During initial and annual certification surveys, HHSC LTCR frequently cites providers for documentation errors related to service delivery and background check compliance.
- Exam Failure: Scoring below 90% on the Provider Competency Examination results in an immediate block on applying.
- Incomplete Entity Docs: Failing to provide the correct Certificate of Formation or Assumed Name Certificate from the Secretary of State.
- Background Check Lapses: Surveyors frequently cite providers for allowing staff to work before DPS, EMR, or NAR checks are fully cleared.
- Implementation Plan (IP) Deficiencies: Failing to document how specific goals in the Individual Plan of Care (IPC) are being actively trained or supported.
- Life Safety Violations: Residential homes failing fire drills, lacking proper egress, or having expired fire extinguisher tags during LTCR inspections.
11. Key Contacts and Resources
Prospective providers must utilize HHSC and TMHP resources extensively during the application process. The HHSC website contains the open enrollment packets, training schedules, and certification rules.
Providers should also establish relationships with their local LIDDAs, as these authorities manage the interest lists and coordinate client placements.
- HHSC HCS Provider Page: Official open enrollment packets and training schedules (https://www.hhs.texas.gov/providers/long-term-care-providers/home-community-based-services-hcs).
- HHSC TxHmL Provider Page: Resources and application materials for Texas Home Living (https://www.hhs.texas.gov/providers/long-term-care-providers/texas-home-living).
- TMHP Provider Enrollment: PEMS portal for Medicaid registration (https://www.tmhp.com/topics/provider-enrollment).
- Texas Secretary of State: For filing required legal entity documents (https://www.sos.state.tx.us).
- LIDDA Directory: Contact information for local authorities managing intake and service coordination (https://apps.hhs.texas.gov/contact/la.cfm).
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