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 August 24, 2018, in consideration of CMS initial approval.
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."