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HCBS settings transition plan

In 2014, the federal Centers for Medicare & Medicaid Services (CMS) published regulations in the Federal Register that changed the definition of home and community-based settings for the 1915(c) and 1915(i) Medicaid HCBS waivers. The new definition considers a person’s experience and outcomes in addition to a setting’s location, geography or physical characteristics. CMS has given states until March 2022 to bring their systems into compliance with the new HCBS settings requirements. View the Home and Community-Based Services Rule Overview video for more information.

CMS grants final approval to statewide transition plan 

On Feb. 12, 2019, CMS gave its final approval to Minnesota’s Home and Community-Based Services Rule Statewide Transition Plan (PDF) to bring settings into compliance with the federal HCBS regulations. To read more, see the Feb. 12 approval letter from CMS to DHS (PDF).

CMS issues guidance for new heightened-scrutiny process

CMS requires states to submit evidentiary packages for settings that CMS presumes are not home and community-based to undergo a heightened-scrutiny process. Evidentiary packages include information gathered during on-site visits and the provider-attestation process. On March 22, 2019, CMS issued guidance describing the new heightened-scrutiny process (PDF). To read more see the HCBS settings heightened-scrutiny process page. This page also includes evidentiary packages available for public comment.

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