Important Updates:
The KDADS website has a new look but the same information you rely on. This is the NEW official KDADS website.
Department for Aging and Disability Services
Home MenuHCBS Settings Final Rule
Kansas HCBS Statewide Transition Plan (STP)
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 must 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 Medicaid Home & CommunityBased Services. The plan includes all settings where HCBS is provided in Kansas.
Statewide Transition Plan
- Approved Kansas HCBS Settings Final Rule Statewide Transition Plan (STP)
- Kansas STP Final Approval Letter 2.3.2023
CMS Final Rule
Corrective Action Plan
Settings Final Rule Guidance & Resources
The purpose of the HCBS Settings Final Rule is to ensure that every person who receives Medicaid-funded HCBS has complete access to the benefits of community living, including the right to make choices and control decisions. HCBS Settings Final Rule also protects individuals’ autonomy, which means they have the right to control their resources and be treated with privacy, dignity, respect, and freedom from coercion and restraint. This includes choice over daily decision-making, such as deciding what and when to eat, having visitors, being able to lock doors, and the protection of a lease or other legally enforceable agreement. HCBS Settings Final Rule requires a person-centered process for planning services and supports, which means individuals receiving services are to direct the planning process to the level of their capacity for a plan that must reflect their preferences and goals.
Who Must Be Assessed for HCBS Settings Final Rule Compliance?
All HCBS providers, settings, and waiver participants must be assessed for compliance with the HCBS Settings Final Rule required qualities. However, there are different assessment levels depending on how services are rendered to HCBS Medicaid waiver participants.
Settings Final Rule Assessment Preparation Guide
Presumed Compliant Assessment is completed by providers who do not own, manage, or control the setting where services are rendered. Examples: home health agencies, medical supply-only agencies, financial management service agencies, etc.
Nonresidential Setting Assessment is completed by providers who render day supports as found in adult day care programs, day habilitation programs, non- integrated employment activities, retirement programs, etc.
Residential Assessment is completed by providers who render housing services. Examples: any provider-owned, managed, or controlled living units such as apartments, single-family homes, duplexes, multiplexes, group homes, shared living, assisted living facilities, home plus’s, etc.
Foster Care Assessment is completed by child placement agencies for children who receive HCBS waiver Medicaid and reside in non-kinship foster care settings.
Participant Survey (not shared publicly) is completed for all HCBS waiver participants and settings in partnership with the Managed Care Organizations during the annual face-to-face visit.
Please email kdads.finalrule@ks.gov if you have questions on which type of assessment (s) is needed for your agency.
How to Obtain an HCBS Compliance Portal Account
Once a provider has determined if a presumed compliant, nonresidential, residential, and/or foster care assessment is needed, it must request an HCBS Compliance Portal Account if one has not already established.
How to Obtain an HCBS Compliance Registration Letter and Setting Compliance Certificate
HCBS providers required to complete an assessment(s) cannot enroll or reenroll in the Kansas Medicaid Assistance Program (KMAP) without contacting the HCBS Settings Final Rule Compliance Team to complete an initial HCBS Compliance Portal registration before completing an assessment (s) or to obtain a setting compliance certificate and/or heightened scrutiny attestation after an assessment (s) has been completed. Click this link to learn how to download these documents.
HCBS Settings Final Rule Policies
Contacts for HCBS Settings Final Rule Guidance and Training
Please contact LaTonia Wright regarding HCBS Settings Final Rule guidance/training or to schedule a Settings Final Rule service provider 1-1 quality assurance site visit. A service provider should contact the assigned HCBS Compliance Specialist listed on their HCBS Compliance Portal account for specific residential and nonresidential assessment questions. All communications to the HCBS Compliance Specialist should be completed in the HCBS Compliance Portal.
Contact the HCBS Settings Final Rule Compliance Team for Complaints and Concerns at:
Phone:
800-432-3535 or 785-296-4983 (TTY: 1-711)
Email:
kdads.finalrule@ks.gov
Mail:
Kansas Department for Aging and Disability Services
Attn: HCBS Programs – HCBS Compliance Team
503 S. Kansas Avenue
Topeka, Kansas 66603