CMS Issues HCBS Settings Final Rule
Earlier today, the Centers for Medicare and Medicaid Services (CMS) issued the Medicaid Home and Community-Based Services (HCBS) settings final rule (CMS-2249-P2). Under development for the past several years, the final regulation addresses several sections of Medicaid law under which states may use federal Medicaid funds to pay for HCBS. In particular, the rule establishes requirements for the qualities of settings that are eligible for reimbursement for Medicaid HCBS provided under sections 1915(c), 1915(i), and 1915(k).
The final rule speaks to several ADvancing States-member concerns, while leaving some areas in need of further clarification. ADvancing States is currently in the process of analyzing the regulation, and we will distribute additional information as it becomes available. In the interim, we encourage you to view the final rule, which is available here until its publication in the January 16 Federal Register.
CMS has also released several resources on the new rule, which are accessible on ADvancing States’s website via the following links:
CMS Fact Sheet: Home and Community Based Services (January 10, 2014)
· CMCS Informational Bulletin: Final Rule - CMS 2249-F – 1915(i) State Plan Home and Community-Based Services, 5-Year Period for Waivers, Provider Payment Reassignment, Setting Requirements for Community First Choice, and CMS 2296-F 1915(c) Home and Community-Based Services Waivers (January 10, 2014)