1. A permanent physical place
HHSC does not allow a virtual office as a place of business.
"An agency cannot have a virtual office as its place of business. It must be a permanent physical place."
HCSSA FAQ p. 8Texas · Place of business · HCSSA FAQ
Can you run a Texas home care agency from home?
Yes. HHSC lets a Texas home care agency use a home address as its place of business, as long as services are directed from there. Four conditions come with it, and one of them is the most-cited violation in Texas home health.
- Rule-verified September 30, 2026
- Quoted from the HHSC FAQ
- Linked to 26 TAC Chapter 558
Quick answer
Yes. HHSC’s FAQ says: "You can use your home address as the HCSSA address if this will be the place of business from which home health, hospice, or PAS is directed." The only exception is a hospice inpatient unit.
Four conditions come with it: the office must be a permanent physical place (no virtual offices), original active client records must be kept there, someone must be able to let a surveyor in within two hours during business hours, and you need an operating hours policy with a closed-office notice. Failing to let a surveyor in within two hours was the most-cited home health licensing violation in Texas in FY 2025, with 146 citations.
The four conditions for a home office
2. Records kept there
Original active client records must be stored at the place of business.
"The agency must establish an area for original active client record storage at the agency’s place of business."
26 TAC §558.301(a)(4)3. Surveyor entry within two hours
If a surveyor arrives in business hours and you are closed, someone must let them in within two hours.
"If a surveyor arrives during regular business hours and the agency is closed, an administrator, alternate administrator, or a designated agency representative must provide the surveyor entry to the agency within two hours after the surveyor’s arrival at the agency."
26 TAC §558.523(e)4. A closed-office notice
When closed, post a notice outside and leave a phone message saying how to reach the person in charge.
"If an agency is closed during the agency's operating hours or between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, the person in charge must: (1) post a notice in a visible location outside the agency that will provide information regarding how to contact the person in charge; and (2) leave a message on an answering machine or similar electronic mechanism that will provide information regarding how to contact the person in charge."
26 TAC §558.210(c)
Setting up a home office for an HCSSA, step by step
Use a real, permanent place
Your home office is where services are directed from. A mailbox or virtual office does not count.
HCSSA FAQ p. 8Keep active client records there
Set aside an area for original active client records at the place of business, not at a storage unit or admin-only site.
26 TAC §558.301(a)(4)Name who lets surveyors in
The administrator designates, in writing, the employee who lets HHSC surveyors in.
26 TAC §558.243(b)(3)Be able to open up within two hours
Most-cited ruleIf a surveyor arrives during business hours and you are closed, someone must let them in within two hours.
26 TAC §558.523(e)Post a closed-office notice
When closed during operating hours or 8 a.m. to 5 p.m. on weekdays, post a notice outside and leave a phone message saying how to reach the person in charge.
26 TAC §558.210(c)
Proposed · not in force
What the proposed 2026 rules change
HHSC’s proposed rewrite of Chapter 558 would add "An agency must not have a virtual office as its place of business." to the rule text, and allow co-working spaces if client information stays confidential and surveyors can get in. It does not mention home addresses, so the FAQ answer above is unchanged by the proposal.
Read the full rule-change guide →Related questions
Can I use a virtual office or mailbox address?
NoHHSC says the place of business must be a permanent physical place. The proposed 2026 rules would put the ban into the rule text.
"An agency cannot have a virtual office as its place of business. It must be a permanent physical place."
Can I take clients while my application is pending?
NoYou cannot admit a client or start services until the initial license is issued.
"An applicant for a license must not admit a client or initiate services until the applicant completes the application process and receives an initial license."
Frequently asked questions
Can I use my home address for a Texas HCSSA license?
Yes. HHSC’s FAQ says you can use your home address as the HCSSA address if it will be the place of business from which home health, hospice or PAS is directed. The exception is a hospice inpatient unit.
Can I use a virtual office or mailbox address?
No. HHSC says an agency cannot have a virtual office as its place of business; it must be a permanent physical place.
Do I have to be home all day?
No, but if a surveyor arrives during regular business hours and the agency is closed, the administrator, alternate or a designated representative must let them in within two hours, and you must post a closed-office notice and leave a phone message saying how to reach the person in charge.
Can two agencies share an office?
Yes, if each has its own office space within the suite and separate areas for client and personnel records, according to HHSC’s FAQ. They should not share direct care staff during one shift.
Can I keep client records somewhere else?
Not the originals of active client records. They must be stored at the place of business from which services are provided, not at an administrative support site or records storage facility.
Will the 2026 rule changes ban home offices?
The proposal does not mention home addresses. It writes the virtual office ban into the rules and sets conditions for co-working spaces. It is not in force yet.
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Keep reading
Texas
How to start a home care agency in Texas
License, fees, training and the initial survey.
Texas
Every policy Chapter 558 requires
The full rule-to-policy map for a PAS agency.
Texas
The proposed Chapter 558 rewrite
What changes and how to comment.
Trust
How we verify rules
Every quote checked against the official text.
Sources
- 26 TAC Chapter 558, Licensing Standards for Home and Community Support Services Agencies · Texas HHSC (text via Cornell LII) · retrieved September 30, 2026
- HCSSA Frequently Asked Questions (updated July 2026) · Texas HHSC · retrieved September 30, 2026
- Regulatory Services Annual Report FY 2025 · Texas HHSC · retrieved September 30, 2026
- Proposed Rules, 26 TAC Chapter 558 (rule project 22R045), 51 TexReg 6429, September 18, 2026 · Texas Register · retrieved September 30, 2026