Underlying Federal Initiatives

In 2014, the Centers for Medicare & Medicaid Services (CMS) announced the publication of an important Final Rule regarding Home and Community Based Services (HCBS) provided through Medicaid’s 1915(c) HCBS Waiver program, 1915(i) HCBS State Plan Option, and 1915(k) Community First Choice. The rule does the following:

• Enhances the quality of HCBS
• Provides additional protections to HCBS program participants
• Ensures that individuals receiving services through HCBS programs have full access to the benefits of community living

The 2014 rule represented the first time that CMS described person-centered care planning. CMS has expressed the belief that the implementation of this rule will contribute significantly to the quality and experience of participants in Medicaid HCBS programs and will further expand their opportunities for meaningful community integration in support of the goals of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C.

On February 12, 2019, CMS gave its final approval to Minnesota’s Home and Community-Based Services Rule Statewide Transition Plan to bring settings into compliance with Federal HCBS regulations. CMS has given states until March 2022 to bring their systems into compliance with the new HCBS settings requirements.

The Minnesota Department of Human Services (DHS) has created a video, “Home & Community-Based Services Rule Overview” with more information.

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Updated_05/17/2019