DHS will conduct on-site visits at settings presumed not to be home and community-based (defined below) to gather evidence to show compliance:
- Prong 1 settings: Located in a hospital, nursing facility, intermediate care facility (ICF-DD) or institution for mental disease (IMD).
- Prong 2 settings: Located adjacent to a public hospital, nursing facility, ICF-DD or IMD.
- Prong 3 settings: Have the effect of isolating people from the broader community of people who do not receive HCBS.
DHS plans to conduct site visits to Prong 1 and Prong 2 settings through the end of 2019. DHS plans to begin site visits to Prong 3 settings in fall 2018. A list of providers that meet these criteria can be found under the Settings to be visited tab.
Note: Find the criteria to identify settings located in and adjacent to institutions under the Resources tab.
During the on-site visits, HCBS providers will be able to show that their operations and programs are separate from the institutions. We will include the information we gather at on-site visits in the information that we send to CMS for heightened-scrutiny assessments (evidentiary packages). We expect settings that are presumed not to be HCBS to meet the HCBS Final Rule requirements.