DSD eList announcement

Date: Jan. 22, 2021
To: Lead agency staff, service providers, advocates and people who access services through disability waivers
From: DHS Disability Services Division
Purpose: To announce implementation of Minnesota’s home and community-based services (HCBS) rule tiered standards
Effective: Jan. 11, 2021
Contact: HCBS.Settings@state.mn.us

Implementation of the HCBS rule tiered standards, effective Jan. 11, 2021

Effective Jan. 11, 2021, there are new tiered standards for HCBS settings that provide the following services through the disability waivers:

· Adult day services, including family adult day services

· Customized living services

· Prevocational services.

“Tiered standards” mean the service/setting has a higher standard for new people authorized to receive the service. The new tiered standards meet the HCBS rule regulations more fully and support community-inclusive service models for people with disabilities.

As of Jan. 11, 2021, lead agencies and service providers must follow the tiered standards for new customized living settings and for people new to receiving adult day services, family adult day services and prevocational services.

Applicability

These changes apply to services through the following waivers:

· Brain Injury (BI)

· Community Access for Disability Inclusion (CADI)

· Community Alternative Care (CAC)

· Developmental Disabilities (DD).

Background information

In 2014, the federal Centers for Medicare & Medicaid Services (CMS) published HCBS regulations that changed the definition of home and community-based settings for the 1915(c) and 1915(i) Medicaid HCBS waivers. The definition considers a person’s experience and outcomes, in addition to a setting’s location, geography or physical characteristics.

On Feb. 12, 2019, CMS approved Minnesota’s HCBS Rule Statewide Transition Plan (PDF) to bring settings into compliance with the federal HCBS rule regulations. Minnesota’s Statewide Transition Plan includes the plan to implement higher standards for new people, or tiered standards, for several services. DHS submitted waiver plan amendments to CMS to implement the HCBS rule tiered standards in September 2020. CMS approved DHS’ BI, CAC, CADI and DD waiver amendment packages in January 2021.

To ensure the tiered standards changes are consistently implemented for the BI, CAC, CADI and DD waivers, the tiered standards changes are effective Jan. 11, 2021.

Additional information

For more information about the HCBS rule, see:

· HCBS settings transition plan page

· HCBS provider toolkit: Frequently asked questions, guidance and examples of provider practices that support choice and autonomy for people who receive HCBS

· Minnesota’s HCBS Rule Statewide Transition Plan (PDF)

· Federally approved waiver plans.

Previous eList announcements

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