OCDD Home and Community-Based Services Settings Rule
The Centers for Medicare and Medicaid Services (CMS) issued regulations on 03.17.2014 that defines the settings in which it is permissible for states to pay for Medicaid home and community-based services (HCBS). The purpose of these regulations is to ensure that individuals receive Medicaid HCBS in settings that are integrated in and support full access to the greater community. The State of Louisiana received final approval for the statewide transition plan on 10.04.2022. The STP that is in place will be used to guide the changes within the settings in the Childrens Choice Waiver, tNew Opportunities Waiver, Residential Options Waiver and Supports Waiver that will assure compliance with the HCBS Settings Rule requirements .
Under the HCBS settings Rule, the setting, where services are provided, should have the following qualities in order to be considered a compliant setting:
- is integrated in and supports access for the greater community
- Provides opportunities to seek employment and work in competitive integrated settings, engage in community life and control personal resources
- Ensures the individual receives services in the community for the same degree of access as individuals not receiving Medicaid HCBS services
- is selected by the individual from among setting options, including non-disability specific settings and an option for a private unit in a residential setting
- Ensures an individual's rights of privacy, dignity, respect and freedom from coercion and restraint
- Optimizes individual initiative, autonomy and independence in making life choices
- Facilitates individual choice regarding services and supports and who provides them
On October 4, 2022, Louisiana received final approval for the Statewide Transition Plan. The final date for compliance with the HCBS Settings Rule is March 17, 2023.
Building a Meaningful Life
2.9.22 HCBS Provider Owned or Controlled Residential Settings
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