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CMS Final Rule

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HCBS Settings Requirements

Background

On January 16, 2014, the Centers for Medicare & Medicaid Services (CMS) published a Final
Rule which addresses several sections of the Social Security Act and makes changes to the
1915(c) Home and Community-Based Services (HCBS) waiver program. The Final Rule was designed to improve available HCBS programs by ensuring the quality of HCBS, providing protections to participants, enabling participants to have the same opportunity to receive services in the most integrated setting appropriate and have full access to community living opportunities.

The main focus of the HCBS Final Rule is to ensure that all Home and Community-Based
(HCB) settings meet certain qualifications, including:

In December 2014, CMS issued guidance to states with Section 1115 demonstrations that include HCBS as part of the program design. The notice clarified that states currently operating HCBS programs, regardless of the federal authority under which the programs operate, must submit a STP for approval. The STP must include the state’s assessment of its regulations, standards, licensing requirements and provider requirements against the requirements in the HCBS Final Rule. The STP is also to describe the State’s ongoing strategies to accomplish compliance with all federal requirements, including timeframes and deliverables.

The New Mexico Human Services Department’s (HSD) amended Statewide Transition Plan (STP) in accordance with requirements set forth in the Centers for Medicare and Medicaid Services (CMS) Home and Community Based Services (HCBS) Settings rule released on January 16, 2014(See CFR 441.301 (c).

DDSD Know Your Rights Campaign

DDSD is excited to join in a nationwide movement to ensure the rights and dignity of all individuals with disabilities, including those with intellectual and developmental disabilities (I/DD,) in the United States are fully realized. On January 16, 2014, the Centers for Medicare and Medicaid Services (CMS) published a Final Rule addressing several sections of the Social Security Act. The Final Rule amends the regulations which govern the Medicaid 1915 (c) Home and Community Based Services (HCBS) waiver programs. These rules are an important step forward in federal policy, supporting inclusion and integration of people with intellectual and developmental disabilities in the community.

The Final Rule applies to New Mexico’s Home and Community Based Services provided through the Developmental Disabilities, Mi Via and Medically Fragile waivers, as well as Centennial Care. All states are required to be in compliance with the new rule by March 2019.
The Developmental Disabilities Supports Division (DDSD) is launching the “Know Your Rights” campaign which is what we will now call the HCBS settings requirements transition plan and implementation.

  1. Waiver Providers, Vendors and Consultants Letter
  2. Waiver Recipients and Guardians Letter
  3. Know Your Rights Fact Sheet (English)
  4. Know Your Rights Fact Sheet (Spanish)
  5. Know Your Rights Flyer

Town Halls

On February 1, 2017, the Developmental Disabilities Supports Division (DDSD) in partnership with the Know Your Rights Campaign Steering Committee began conducting statewide town halls for waiver participants, advocates, family members and guardians.  The purpose of the Know Your Rights town halls is intended to engage people with disabilities and advocates to strengthen advocacy, raise awareness, and educate communities across the state that people with disabilities are entitled to rights like everyone else.  Additionally, the town halls are a forum to inform waiver participants, families and guardians about the Centers for Medicare and Medicaid Services (CMS)Final Rule: HCBS Settings Requirements.

  1. Know Your Rights Town Hall Flyer (English)
  2. Know Your Rights Town Hall Flyer (Spanish)
  3. Developmental Disabilities Planning Council Press Release (01/25/17)
  4. Know Your Rights Town Hall Presentation (02/07/17)
  5. Protected Persons Civil Rights (document)
  6. HCBS Centennial Care Community Benefit FAQs
  7. Know Your Rights Letter (02/27/17) from Dr. Ronald Voorhees MD MPH DDSD Co-Acting Director
  8. Know Your Rights Frequently Asked Questions (04/01/17)

Town Hall Summaries

The NM Know Your Rights Campaign Steering Committee was created in November 2016 to provide education and outreach to people with disabilities, family members, advocates and guardians on the Centers for Medicare and Medicaid Services (CMS) Home and Community Based Services (HCBS) Settings Final Rule. The Steering Committee is comprised of numerous partners: the New Mexico Allies for Advocacy, the ARC of New Mexico, Case Management Action and Advocacy Council, New Mexico Autism Society, Developmental Disabilities Planning Council, Disability Rights New Mexico, Developmental Disabilities Supports Division, Division of Health Improvement, Governor’s Commission on Disability, Human Services Department, Parents Reaching Out, San Juan Center for Independence, Association of Developmental Disabilities Community Providers (ADDCP), the Family Living Provider Association, the UNM/Center for Development and Disability, NM Equality and the Attorney General’s Office. One of the actions led by the Steering Committee was hosting 10 Know Your Right Town Halls across the state from February- April 2017. Close to 600 people attended the various Town Halls across the state. The Town Halls consisted of a Power Point presentation explaining the Know Your Rights campaign, a panel of advocates, family members and guardians talking about their personal experiences followed by a discussion/question and answer period regarding Know Your Rights. Summaries of the discussion/question and answer component of every Town Hall were recorded as panelists and audience participants engaged in the conversation.

Stakeholder Meetings

Resources

 

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