Q What is the CMS Final Rule and why do I keep hearing about it? A The Centers for Medicare and Medicaid Services (CMS) is the federal entity that funds Home and Community-Based Services (HCBS) through the HCBS 1915(c) Waivers. In Maryland, some waiver services people may receive include Day Habilitation, Supported Employment, Residential or Personal Supports. On January 10, 2014 CMS published what was called . One of the focuses of the Final Rule is Home and Community-Based Settings Requirements. It establishes requirements about the qualities that a setting must have in order to be funded under the HCBS 1915 (c) waiver. For people receiving services in non-residential settings (i.e. Day Services, Employment Services) the settings must have the following qualities: setting is integrated in and supports full “The access of individuals receiving Medicaid HCBS to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS. 42 CFR 441.301(c)(4)(i)/441.710(a)(1)(i)/441.530(a)(1)(i)” The setting must not have the effect of isolating a person with only other people with disabilities and paid staff, and must provide regular and meaningful access to integrated community settings. For more in-depth descriptions of settings that have the quality of meeting the Final Rule: to further resources: Q Will our setting comply with the Final Rule if it is open to the public and community members spend time there? A The act of opening up a setting to the public in for it to be more inclusive is known as integration’. CMS has been clear that ‘reverse
Q What is the CMS Final Rule and why do I keep hearing about it? A The Centers for Medicare and Medicaid Services (CMS) is the federal entity that funds Home and Community-Based Services (HCBS) through the HCBS 1915(c) Waivers. In Maryland, some waiver services people may receive include Day Habilitation, Supported Employment, Residential or Personal Supports. On January 10, 2014 CMS published what was called . One of the focuses of the Final Rule is Home and Community-Based Settings Requirements. It establishes requirements about the qualities that a setting must have in order to be funded under the HCBS 1915 (c) waiver. For people receiving services in non-residential settings (i.e. Day Services, Employment Services) the settings must have the following qualities: “The setting is integrated in and supports full access of individuals receiving Medicaid HCBS to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS. 42 CFR 441.301(c)(4)(i)/441.710(a)(1)(i)/441.530(a)(1)(i)” The setting must not have the effect of isolating a person with only other people with disabilities and paid staff, and must provide regular and meaningful access to integrated community settings. For more in-depth descriptions of settings that have the quality of meeting the Final Rule: to further resources: Q Will our setting comply with the Final Rule if it is open to the public and community members spend time there? A The act of opening up a setting to the public in for it to be more inclusive is known as ‘reverse integration’. CMS has been clear that
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