Medicaid HCBS Final Rule

On January 10, 2014 CMS announced the publication of the final rule on Medicaid coverage for home and community-based services for people who are elderly or who have a disability. According to the press release from CMS, “[t]he rule, as part of the Affordable Care Act, supports [HHS’] Community Living Initiative [which] was launched in 2009 to develop and implement innovative strategies to increase opportunities for Americans with disabilities and older adults to enjoy meaningful community living.” The press release goes on to describe the impact of the final rule:

Medicaid programs will support home and community-based settings that serve as an alternative to institutional care and that take into account the quality of individuals’ experiences.  The final rule includes a transitional period for states to ensure that their programs meet the home and community-based services settings requirements.  Technical assistance will also be available for states.

The rule may be found here. A helpful fact sheet summarizing the rule is available here. (The fact sheet discusses the rule’s key provisions, including waivers, state plans, HCBS requirements and person-centered planning.).