Family Voices Indiana encourages its members to submit comments on the state’s transition plan for Home and Community Based Services (HCBS), also known as Medicaid waivers. In an effort to make sure you have the information needed to make informed comments, we’ve included a list of resources. We know this is lengthy, but if you have a child with special health care needs who has, or will have at some point, waiver services, it’s important to be part of the comment period.
Tips for making effective comments:
· Stick to the issue at hand; your comments will be most effective if they focus only on this transition. If you are unsure if a topic is relative, feel free to contact us (317 944 8982 email@example.com). We can clarify and direct you to other ways to share feedback if this is not the best forum.
· Share why this issue matters to you and your family; this is the time to use your lived experience to influence change.
· Limit your comments to the issues that are most important to you; don’t feel that you need to comment of every possible issue.
Options to Provide Comments
The Division of Disability and Rehabilitative Services (DDRS) has made a commitment to transparency and public input in the policy development process. As a result, all new policies and policy updates will be posted on this page for public review and comment. The public comment period will last 30 business days from the date of posting, after which all policies will be removed from the page, reviewed based on the public input, finalized and posted onto the DDRS policy page.
Please send all comments to DDRSpolicies@fssa.IN.gov.
The Division of Aging welcomes your review of the plan and invites to you attend one or more of the opportunities listed below to offer comments or questions on the plan.
Submission of written comments is encouraged. Comments may be submitted at any of the six scheduled sessions.
Or, comments may be submitted online at the address:
Additionally comments may be mailed to: HCBS Public Comments Indiana Division of Aging:
402 W. Washington Street
PO Box 7083
Indianapolis, IN 46204-7083
Dates, times, and locations for each Division of Aging State Listening Session are listed below:
November 7, 2014
Woodridge Assisted Living
17650 Generations Drive
South Bend, IN
1:00 p.m.-2:30 p.m.
November 12, 2014
Rosewalk @ Lutherwood Assisted Living
1301 N. Ritter Ave.
10:00 a.m. to 11:00 a.m.
November 14, 2014
Lamplight Assisted Living
300 E Washington
Fort Wayne, IN
10:30 a.m.-11:30 a.m.
November 17, 2014
Lamplight at the Leland Assisted Living
900 South A Street
1:30 p.m. to 2:30 p.m.
November 18, 2014
Riverwalk Assisted Living Center S.E. Sixth Street
10:30 a.m.-11:30 a.m.
Information about the new rules:
Definition of a home and community-based setting
The new rule describes a home and community based setting as
• The setting is integrated in and supports full access of individuals receiving Medicaid HCBS to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS
• The setting is selected by the individual from among setting options, including non-disability specific settings and an option for a private unit in a residential setting
• The setting ensures individual rights of privacy, dignity, and respect and freedom from coercion and restraint
• The setting optimizes, but does not regiment, individual initiative, autonomy, and independence in making life choices, including but not limited to, daily activities, physical environment, and with whom to interact
• The setting facilitates individual choice regarding services and supports, and who provides them
The rule directs states to ensure that the setting chosen by the individual is integrated in, and supports full access of individuals receiving Medicaid HCBS to, the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community to the same degree of access as individuals not receiving Medicaid HCBS.
Development of Person-Centered Plans
The new rule adds requirements for the person- centered planning process and for person centered plans for HCBS. The rule specifies that service plans for HCBS must be developed through a person-centered planning process that provides necessary information and support so that the individual can direct the process and make informed choices. The process must be directed by the individual and the individual’s freely chosen representative and must reflect individual preferences and goals. The plan must be written so that the individual can understand the plan.
Provider Conflict of Interest
The rule prohibits providers of HCBS and those with an interest in or employed by a provider of HCBS from developing the person-centered service plan. The individuals or entities responsible for person-centered plan development must be independent of the HCBS provider. This provision pertains to paid family/guardian caregivers. A parent/guardian who receives payment for providing HCBS may not be responsible for development of the person-centered plan
Independent Evaluation and Assessment
The rule describes provider requirements for conducting eligibility evaluations. Eligibility for Medicaid HCBS must always be determined by an independent entity.
What You Need to Know about HCBS Regulations: http://www.thearc.org/document.doc?id=4596
HCBS Advocacy: http://hcbsadvocacy.org/learn-about-the-new-rules/
Advocate’s Guide to Consumer Rights in HCBS: http://www.nsclc.org/wp-content/uploads/2014/04/Advocates-Guide-HCBS-Just-Like-Home-05.06.14-2.pdf