Settings Final Rule

Kansas HCBS Statewide Transition Plan (STP) - OPEN for Public Comment

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.

Statewide Transition Plan

Kansas HCBS Settings Final Rule Statewide Transition Plan DRAFT

The public may offer comments in any one of the following ways:

  • By Email:
    • Kansas Department for Aging and Disability Services
      Aging and Disability Community Services and Programs Commission;
      An[email protected]
  • By standard mail:
    • Kansas Department for Aging and Disability Services
      HCBS Division
      503 S Kansas Ave, Topeka, KS 66603

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 2023 to fully implement transition plans and achieve compliance with the HCBS Settings Final Rule.

Kansas Heightened Scrutiny Packets – OPEN for Public Comment

The Kansas Department for Aging and Disability Services (KDADS) has posted the following HCBS Settings Final Rule documents for public comment:

  • Settings that are on the grounds of or adjacent to an institution and Settings that have characteristics of potential isolation.
  • HCBS State Transition Plan (STP) which describes how Kansas will attain final rule compliance with the settings final rule.
  • The public commentary period will be October 15, 2021 – November 16, 2021.

Click HERE to View Summary Packets and Leave Comments

 

Community Connections - Final Rule Assessment for All Kansas HCBS Providers

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."