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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 seeking applicants for HCBS Settings Review Panel

DHS plans to use an HCBS Settings Review Panel to review evidentiary packages of settings that CMS “presumes are not HCBS” after the public comment period but before submission to CMS, when:

  • DHS does not believe the setting is HCBS
  • Public comment raises concern that the setting has institutional or isolating qualities.

You may apply online or contact the DSD Response Center at 651-431-4300 or 1-866-267-7655 to help you to complete your application.

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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