UPDATED: CMS Releases Final Rule on Home and Community Based Services

August 24, 2014


pdf File CMS HCBS Final rule fact sheet final 1-10-14.pdf (105KB) [download]

pdf File HCBS 1915(i) Final Rule Fact Sheet final 1-10-14.pdf (109KB) [download]

pdf File HCBS Settings Fact Sheet final 1-10-14.pdf (120KB) [download]

pdf File HCBS 1915(c) Final Rule Fact Sheet final 1-10-14.pdf (119KB) [download]

pdf File AUCD Comments Re HCBS Setting.pdf (439KB) [download]

pdf File Release HCBS Settings Rule.pdf (86KB) [download]

pdf File HCBS Settings Regulation Issue Brief.pdf (170KB) [download]

pdf File HCBS-Final-Rule-Slides.pdf (381KB) [download]

Update: CMS Releases Settings Requirements Compliance Toolkit

The newly released toolkit is designed to assists states in developing 1915(c) waiver and 1915(i) State Plan Amendment or renewal applications in compliance with the new requirements in the HCBS settings regulations. An informational bulletin from CMCS Director Cindy Mann accompanied the toolkit. 


The rule streamlines and implements the regulations for 1915(i), 1915(c), and 1915(k) Community First Choice home and community based services

On January 10, 2014 CMS released the final rule. The final rule largely reflects the proposed rule with some changes that provide more clarity and respond to the approximately 1,700 public comments. It strengthens the requirements for personal autonomy, community integration, and choice in home and community-based services funded through Medicaid. It makes clear that the requirements apply to both residential and non-residential settings and sets specific and more stringent rules for provider-owned or controlled residential settings. It requires an independent assessment of individual needs and strengths and a person-centered planning process ensure that individuals receive the services they need in a manner they prefer. The rule establishes more public notice and input requirements related to proposed changes to waivers. States must work with CMS to create transitional plans to bring current programs into compliance and allow for public input on those transitional plans.


Learn more:

The Rule as Published in the Federal Register

Issue Brief - CMS Final Rule on HCBS Settings and Other Requirements

Press Release - AUCD Applauds Stronger Medicaid Rules on Community Living

Slides from CMS webinar on the final rule

Slides from CMS/ODEP webinar on implications for non-residential settings