Via the Caregiver Action Network. Click image to view larger version.
November is National Family Caregivers Month, a yearly celebration of family caregivers who care for their loved ones with disabilities or illnesses. This year’s theme is #CaregivingHappens, a reflection on how suddenly caregiving needs may arise and how caregiving affects multiple aspects of the caregiver’s and their loved one’s lives. Read more about the background of National Family Caregivers Month in this Ex Libris Juris blog post on NFCM 2021. The following post highlights state and federal laws and regulations that affect caregivers and the loved ones they care for.
The Older Americans Act (OAA) (1965) is a federal law that affects millions of Americans, their families, and their caregivers. The OAA establishes State Units on Aging (SUAs), which govern local Area Agencies on Aging (AAAs) across the country. Each SUA is required to establish a state plan on aging, which for Texas, includes support for family caregivers (see the section entitled “Priorities of Informal Caregivers of Older Texans”). In Texas, the SUA is Texas Health and Human Services (HHS); Section 101A.053 of the Texas Human Resources Code requires HHS to create the state plan on aging and to include a statewide needs assessment for long-term care and other services for older individuals and their caregivers. Texas AAAs are required to provide support services for caregivers through local entities, as outlined in Section 161.079 of the Human Resources Code.
Caregivers can apply for OAA caregiver support services by completing Form 2270. This form should be submitted to the applicant’s local AAA. In Harris County, the local AAA is the Harris County Area Agency on Aging, administered by the Houston Health and Human Services Department.
Texas Health and Human Services agencies and programs that serve those receiving long-term care include:
The Texas Council on Alzheimer’s Disease and Related Disorders, permitted by Texas Health and Safety Code Chapter 101; rules for the council can be found in Chapter 801 of the Texas Administrative Code. The Council funds the Consortium of Alzheimer’s Disease Centers, otherwise known as the Texas Alzheimer’s Research and Care Consortium (TARCC), which consists of Alzheimer’s disease centers located at various university medical centers throughout Texas (see Texas Education Code Chapter 154). Chapter 99A of the Texas Health and Safety Code requires the Council to produce a state plan for Texans affected by Alzheimer’s disease every four years. The Texas State Plan for Alzheimer’s Disease for 2019-2023 can be viewed here.
Aging & Disability Resource Centers, a network of local resource centers connecting Texans with long-term care.
Take Time Texas is a respite program for caregivers who need support in taking time to care for themselves or take a break from caregiving.
Texas Health and Human Services Home & Community Support Services Agencies provide support services such as nursing, therapy, social services, dialysis, nutritional counseling, and terminal and palliative care to individuals in a residence or independent living environment. They are guided by specific statutes & rules.
Texas Health and Human Services lists further agencies and organizations that provide Support for Caregivers on its website.
The Affordable Care Act (ACA) is a federal law that provides easier access to affordable health insurance options. This is significant because caregivers experience mental and physical illness and disability at a higher rate due to the financial, emotional, and/or time constraints of caregiving.
Other Texas laws that may affect the role of a caregiver in Texas include:
Caregiver Agreement/Authorization Forms
Other resources