Texas Opened Its Autism Program to Age 21 in August. HHSC Now Proposes Ending It.
New rules for the state-funded, non-Medicaid Children's Autism Program took effect August 25. HHSC's 2028–29 budget request lists the program among client services to eliminate: $6.83 million a year.
Texas rewrote the rules for its Children's Autism Program on August 25, 2026. That's the state-funded, non-Medicaid program that pays contracted agencies for Focused ABA. Weeks later, HHSC's 2028–29 budget request (the Legislative Appropriations Request, or LAR) listed “GR Funded Autism Program (non-Medicaid)” among client services it proposes to eliminate.
What changed on August 25
The rules in 26 TAC Chapter 358 were adopted in the Texas Register on August 21:
- Eligibility: a child is anyone “younger than 22 years of age.” It was 3 through 15.
- Hours: the 180-hours-a-year cap is gone. The 720-hour lifetime total stays.
- Parent training: “at least two times each month,” replacing once every two weeks. The pre-test and post-test requirement is removed.
- Diagnosis: nurse practitioners and physician assistants can now diagnose. Commenters asked for that.
- Interest lists: a child who left with unused hours gets priority over children never served. Contractors must recheck the list every six months.
The turn
On July 14, the governor, lieutenant governor and speaker told every agency to cut 3% from its LAR. HHSC's reduction schedule, revised in September, puts the autism program at $6,831,542 in each year of 2028–29, $13,663,084 in total. The May rule proposal said the changes “will not create or eliminate a government program.”
Jacquie Benestante of the Autism Society of Texas told Texas Public Radio the state had expanded the program in August and that “the budget should really support the expansion of this program, not eliminate this program.”
The limits
This is a proposal, not a decision. It's an agency response to an across-the-board cut instruction. The Legislature writes the budget when it convenes in January 2027, and the 2028 fiscal year starts September 1, 2027.
What you must know or do
- Contracted agencies: when you enroll a newly eligible 16- to 21-year-old, plan their hours knowing funding is only certain through August 31, 2027. Tell families that in writing.
- Clinical directors: move parent training to a twice-monthly schedule and document it. A parent who doesn't meet it can put the child's place at risk.
- Owners: the decision now sits with the Legislature, not HHSC. Texas's ABA association commented on the rules. Budget testimony is the next point where providers can weigh in.