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Transition plan for home and community-based settings

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.

DHS seeks public comment on revised HCBS transition plan

In order to receive final approval, the statewide transition plan (STP) must demonstrate how DHS has assessed the level of compliance of each site, validated compliance and describe the plan(s) to fix areas of non-compliance. 

We plan to submit an updated STP (PDF) to the Centers for Medicare & Medicaid Services (CMS) after a 30-day public comment period. You may submit comments by email to by 4 p.m. Wednesday, Oct. 10, 2018. Read more about the public comment period in this eList announcement.

The STP describes how we will meet the new federal rule for home and community-based services (HCBS) settings. More information about the statewide transition plan process, previous submissions and CMS responses can be found in the Minnesota’s statewide transition plan section below.

Latest information

Assessing compliance

CMS requires states to assess all settings that group people to receive home and community-based services. States must determine whether the settings meet the HCBS rule requirements. To conduct site-specific assessments, DHS developed, tested and launched an online provider attestation process for designated HCBS settings in 2017.

Validating compliance

The next steps to evaluating all HCBS provider settings is to use several validation strategies to ensure compliance.

Minnesota's statewide transition plan

On June 2, 2017, CMS gave its initial approval to Minnesota's statewide transition plan to bring settings into compliance with the federal HCBS regulations. To read more, see the June 2 letter from CMS to DHS (PDF)

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