CMS Releases Final Rule on Home and Community Based Services

National NewsCenters for Medicare & Medicaid Services
March 2014

On January 10, 2014 Centers for Medicare & Medicaid Services (CMS) released the final rule on Home and Community Based Services. The final rule largely reflects the proposed rule with some changes that provide more clarity and respond to the approximately 1,700 public comments. It strengthens the requirements for personal autonomy, community integration, and choice in home and community-based services funded through Medicaid. It makes clear that the requirements apply to both residential and non-residential settings and sets specific and more stringent rules for provider-owned or controlled residential settings. It requires an independent assessment of individual needs and strengths and a person-centered planning process to ensure that individuals receive the services they need in a manner they prefer. The rule establishes more public notice and input requirements related to proposed changes to waivers. States must work with CMS to create transitional plans to bring current programs into compliance and allow for public input on those transitional plans.

Learn more:
The Rule as Published in the Federal Register
Issue Brief - CMS Final Rule on HCBS Settings and Other Requirements
Press Release - AUCD Applauds Stronger Medicaid Rules on Community Living
Slides from CMS webinar on the final rule
Slides from CMS/ODEP webinar on implications for non-residential settings

For more information and access to CMS fact sheets and Transition Plan Toolkit regarding final Home and Community-Based Services regulations, visit: