Home and Community Based Settings Negotiated Rulemaking
Medicaid Home and Community Based Services (HCBS) settings will soon have new requirements to meet in order to continue to serve Medicaid participants funded with HCBS dollars. The regulations were passed by the Centers for Medicare and Medicaid Services (CMS) and are now law. They affect certified family home providers, residential assisted living facilities, residential habilitation agencies, and those providing services to Medicaid participants in adult day health centers, developmental disability agencies, support brokers and targeted service coordinators.
Idaho Medicaid will be promulgating rule changes in order to move our HCBS system into full compliance with these new regulations. Please watch this page for further announcements on the rule promulgation process.
The Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) published regulations in the Federal Register on January 16, 2014, which became effective on March 17, 2014, implementing new requirements for Medicaid’s 1915(c), 1915(i), and 1915(k) Home and Community-Based Services (HCBS) waivers. The purpose of the regulation is to ensure that individuals receive Medicaid HCBS in settings that are integrated in and support full access to the greater community and that the individual’s role in service planning is optimized. This includes opportunities to seek employment and work in competitive and integrated settings, engage in community life, control personal resources, and receive services in the community to the same degree as individuals who do not receive HCBS.
CMS expects all states to develop a HCBS transition plan that provides an assessment of potential gaps in compliance with the new regulation, as well as strategies and timelines for becoming compliant with the rule’s requirements. CMS further requires that states seek input from the public in the development of this transition plan.
Idaho has completed its’ initial submission of the state plan to CMS. This plan sets forth the actions Idaho will take to operate all applicable HCBS programs in compliance with the final rules. It is Idaho’s effort to comply/demonstrate compliance with the regulations around Home and Community Based (HCB) setting requirements.
The comment period for the Transition Plan closed on February 22. Comments were gathered and changes made to the plan where appropriate. All of the comments from this comment period as well as from the comment period last fall were added to the plan along with the state’s responses. The plan was submitted to CMS on Friday, March 13th. A copy of the updated plan has now been posted to this webpage, please see link on right hand side of the page under: What’s New.
Here is an outline of the activities planned next for the state: