Settings Final Rule

Community Connections - Final Rule Assessment for All Kansas HCBS Providers

Draft State Settings Final Rule

Draft State HCBS Settings Final Rule

On March 17, 2014, the Centers for Medicare and Medicaid Services (CMS) issued the Home and Community Based Services Settings Rule (called the "Rule" in this transition plan). The Rule requires states to review and evaluate Home and Community-Based Services (HCBS) settings, including residential and nonresidential settings. States are required to analyze all HCBS settings where HCBS participants receive services to determine current compliance with the Rule.

The Kansas Department for Aging and Disability Services (KDADS) has created a Transition Plan to assess compliance with the HCBS Settings Rule and identify strategies and timelines for coming into compliance with the Rule. The federal regulation for the new Rule is 42 CFR 441.301(c)(4)-(5). More information on the Rule can be found on the CMS website at www.medicaid.gov/hcbs. The plan includes all settings where HCBS are provided in Kansas.

NOTE:

The draft Statewide Transition Plan for Kansas was modified to reflect the extended compliance date and ongoing technical assistance issued by CMS. The extension gives states until March 2022 to fully implement transition plans and achieve compliance with the HCBS Settings Final Rule. Kansas submitted its plan March 31, 2019 in consideration of CMS initial approval.

FileTypeSizeUploaded onDownload
Statewide Transition Plan Initial Approval LetterPDF352.26 KB18 Jun, 2019 Download
Statewide Transition Plan - Feedback with CommentsPDF199.53 KB18 Jun, 2019 Download
STP Main BodyPDF519.08 KB22 Apr, 2019 Download
Appendix A - Systemic AssessmentPDF1.96 MB19 Jun, 2019 Download
Appendix B Settings AssessmentPDF13.06 MB22 Apr, 2019 Download
Appendix C Remediation GraphicPDF306.84 KB22 Apr, 2019 Download
Appendix D Public CommentsPDF2.24 MB22 Apr, 2019 Download

Additional Information / Resources

The United States Department of Justice, Civil Rights Division, has provided new information regarding Americans with Disabilities Act and Olmstead v. L.C. Please find the information here. The information discusses Olmstead and "informed choice."

2020 Documents and Public Sessions

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Final Rule Stakeholder Call 11.18.20 NotesPDF58.18 KB10 Dec, 2020 Download
Final Rule Stakeholder Call 10.21.2020 NotesPDF65.45 KB10 Dec, 2020 Download
Final Rule Stakeholder Call 09.16.2020 NotesPDF63.32 KB10 Dec, 2020 Download