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Phase 2 Provider Attestation

CMS requires that any setting in which people are being grouped or clustered for the purpose of receiving home or community-based services must be assessed for compliance with the HCBS settings rule. In addition to the settings that were assessed in Phase 1, DHS plans to identify other settings that group or cluster people with disabilities together to receive HCBS. DHS will assess these settings in Phase 2 to ensure people are not isolated. DHS will identify these settings using the following criteria: The setting serves six or more people on the BI, CADI, CAC or DD waivers and:

  • The setting is designed specifically for people with disabilities, or
  • 25 percent or more of the setting capacity is used by people with disabilities (under the age of 55)

DHS plans to begin asking the public to identify these settings in August and September 2017.

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