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CMS Releases Rules Related to Home & Community-Based Services

Tuesday, May 01, 2012

On April 26, the Centers for Medicare & Medicaid Services (CMS) released two rules related to home and community-based services for people with disabilities. The first rule, final regulations on the Community First Choice State plan option, permits States to offer a variety of community-based attendant care services and supports to certain eligible individuals. States that elect to take advantage of this option receive a six percentage point increase in their federal medical assistance percentage (FMAP) for services provided to eligible individuals under this option.

The second rule, a notice of proposed rule-making relates to the 1915(i) Home and Community-Based Services (HCBS) State plan option. The proposed rule describes this option which allows States to offer HCBS to individuals without a waiver. The rule also proposes a common definition of home and community based settings for services delivered through the Community First Choice option and the 1915(i) State plan option. There is a 30 day comment period on the 1915(i) proposed rule that begins May 3, 2012.