Office of Developmental Programs HCBS Final Rule

Background

On January 16, 2014, the Centers for Medicare and Medicaid Services (CMS) issued a final rule for Home and Community-Based Settings (HCBS). The CMS HCBS rule became effective on March 17, 2014 and applies to the settings in which ODP waiver services are provided. Per CMS guidelines, all states must be compliant with the regulations by March 2019.

The purpose of the CMS HCBS rule is to make sure individuals receive services in settings that are integrated in the community and individuals receiving services have access to community resources equal to that of those who do not receive services. Individuals receiving services should be able to:
 
  • Have opportunities to seek employment and work in competitive and integrated settings.
  • Engage in community life.
  • Control personal resources.
  • Obtain services in the community.
The rule also aims to make sure individuals receiving services have free choice of where they live and what provider to choose as long as the providers is willing and qualified. The CMS HCBS Rule also ensures that each individual’s rights are not restricted and clarifies that services will not be allowed in settings that have the qualities of an institution.

The rule’s settings requirements apply to each of ODP’s 1915(c) waivers. The three waivers offered by ODP are the Adult Autism Waiver, the Consolidated Waiver and the Person/Family Directed Support (P/FDS) Waiver. To find more information on each of these waivers, please see the following:

The P/FDS Waiver

Waiver Specific Transition Plans
As part of the implementation of the CMS HCBS Rule, ODP is required to submit a transition plan for each waiver to CMS detailing the steps the state will take to come into compliance with the regulations. The current ODP transition plans submitted to CMS in March 2016 are available below and are also included as appendices of the Statewide Transition Plan which can be found at
 

HCBS Transition Plans

Revised Adult Autism Waiver Transition Plan

Revised Consolidated Waiver Transition Plan

Revised P/FDS Waiver Transition