Monday, June 2, 2014

New Rules for #HCBS waivers

Family Voices Indiana shares the following information about new Home and Community Based Services (HCBS) waiver rules from
CMS’ definition of home and community-based settings has evolved over the past five years, based on experience throughout the country and extensive public feedback about the best way to differentiate between institutional and home and community-based settings. Based on the comments received on the ANPRM and the proposed 1915(c) rules, and the comments received on the 1915(i) and 1915(k) proposed rules, CMS is moving away from defining home and community-based settings by “what they are not,” and toward defining them by the nature and quality of participants’ experiences. The home and community-based setting provisions in this final rule establish a more outcome-oriented definition of home and community-based settings, rather than one based solely on a setting’s location, geography, or physical characteristics. The changes related to clarification of home and community-based settings will effectuate the law’s intention for Medicaid HCBS to provide alternatives to services provided in institutions and maximize the opportunities for waiver participants to have access to the benefits of community living, including receiving services in the most integrated setting. For more detail, please refer to the HCBS Settings Fact Sheet, available at

from HCBS Advocacy:

All states must submit to CMS a plan for transitioning their current HCBS system into compliance with the new rule by March 17, 2015. States submitting a 1915(c) waiver renewal or amendment before March 17, 2015 must include a transition plan in that submission. States then have 120 days from that submission date to submit a transition plan for the remainder of their HCBS system.
Indiana has one waiver expiring before March 17, 2015.
  • Community Integration and Habilitation 1915(c) waiver provides residential supports, therapy, family caregiver support, transportation, and other services for people with developmental disabilities of all ages. It expires September 30, 2014. CMS has indicated that they expect this waiver renewal to be submitted around June 30, 2014. The state then has 120 days from the submission date to submit a transition plan for the remainder of their HCBS system.
For more information visit

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