Department of Medical Assistance Services
CMS Home and Community Based Services (HCBS) Regulations
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> CMS Home and Community Based Services (HCBS) RegulationsDD WAIVER HCBS PROVIDER SELF-ASSESSMENT OF SETTINGS
Please note that the transition period for HCBS compliance is for currently operating settings only. New settings are required to be fully HCBS compliant prior to providing Medicaid HCBS. New settings are NOT eligible for a transition period to demonstrate compliance.
Bullet Point ImageDD Waivers: Self-Assessment Portal Information & Instructions
Bullet Point Image6/21/17 HCBS stakeholder call
Bullet Point ImageDD Waivers:Self Assessment Instructions & Questions
Bullet Point ImageDD Waivers:Self-Assessment Companion Document
Provider Self-Assessment of DD Waiver HCBS Group Supported Employment Service (GSE settings)
Bullet Point ImageGSE:Self Assessment Instructions & Questions
Bullet Point ImageGSE:Self-Assessment Companion Document
ADULT DAY HEALTH CARE SERVICES (ADHC) HCBS SETTINGS REMEDIATION PLANS
Providers of ADHC Services in the Elderly or Disabled with Consumer Direction Waiver remediation plan guidance and webinar. Remediation Plans are due by 5:00 pm on May 5, 2017
Bullet Point ImageHCBS Settings Desk Review Tool for Remediation Guidance (PDF)
Bullet Point ImageDesk Review Observations – Summary from the April 4 Conference Call (PDF)
Bullet Point ImageHCBS Rights and Expectations Disclosure for ADHC – Template (Word)
  • With regard to the HCBS Rights and Expectation Disclosure for ADHC, DMAS highly recommends that all ADHC providers adopt a process to notify individuals, upon acceptance into ADHC services, about their additional HCBS-specific rights. DMAS has developed a template statement on HCBS rights that ADHC providers may use.

    • DMAS recommends that you:
    • Include this in your standard admission processes for individuals and their representatives;
    • Share the statement with all staff and volunteers at least annually; and
    • Incorporate the statement into your policies and procedures for admission of individuals and for staff and volunteer training
  • Remediation Plan Webinar (April 14 from 1:30-3 pm) – Recording will be posted the week of April 17
Bullet Point ImageAdult Day Health Care HCBS Webinar:Remeditation
Bullet Point ImageSlides from the 4/14 Webinar on Remediation Plans
ADULT DAY HEALTH CARE SERVICES(ADHC) HCBS SETTINGS SELF-ASSESSMENT
Providers of ADHC Services in the Elderly or Disabled with Consumer Direction Waiver self-assessment instructions,questions and companion document.
Bullet Point ImageSelf-Assessment Instuctions & Questions
Bullet Point ImageSelf-Assessment Companion Document
Bullet Point ImageADHC HCBS Self-Assessment Webinar (1/18/2017)
VIRGINIA RECEIVES INITIAL APPROVAL OF ITS STATEWIDE TRANSITION PLAN SUBMITTED TO CMS ON 12-2-2016
The Virginia Departments of Medical Assistance Services and Behavioral Health and Developmental Services submitted a revised Statewide Transition Plan (STP) to the U.S. Centers for Medicare & Medicaid Services (CMS) on April 29, 2016. After reviewing the April 2016 STP, CMS provided verbal feedback and technical assistance to the Commonwealth in June 2016 and additional written feedback in September 2016. CMS requested several clarifications and technical corrections in order for Virginia to receive initial approval. These changes did not necessitate another public comment period. The Commonwealth addressed all issues and resubmitted an updated STP on December 2, 2016. These changes are summarized in Attachment I of the document titled VA STP Initial Approval Letter. Included in the Commonwealth’s response to the requests from CMS in Attachment I are page numbers where clarifications or changes were made to the April 2016 STP and are now integrated in the 12-02-2016 updated STP.
There are additional technical issues outlined in Attachment II of the VA STP Initial Approval Letter that must be resolved before the Commonwealth can receive final approval of its STP. Prior to resubmitting an updated version of the STP for consideration of final approval, the Commonwealth will need to issue the updated STP for a minimum of 30-day public comment period, which DMAS anticipates will occur during the summer 2017.
Bullet Point ImageVA STP Initial Approval Letter
Bullet Point ImageVA Updated STP 12-02-2016
VIRGINIA’S REVISED STATEWIDE TRANSITION PLAN SUBMITTED TO CMS ON 4-29-2016
The Departments of Medical Assistance Services and Behavioral Health and Developmental Services have revised Virginia’s Statewide Transition Plan (STP) and submitted it to the Centers for Medicare & Medicaid Services (CMS) on April 29, 2016. The Revised STP describes how the State will come into compliance with new CMS Home and Community-Based (HCB) settings requirements that were published January 16, 2014. Please note that CMS requires all HCBS waiver program settings to be in full compliance with the settings requirements no later than March 16, 2019. DMAS and DBHDS worked with partner agencies, stakeholders, and other entities to develop the REVISED STP. We are pleased to post for public viewing a clean copy and a copy with the tracked changes made in response to public comment.
Bullet Point ImageVirginia’s Revised HCBS STP Submitted to CMS
Bullet Point ImageVirginia’s Revised STP Submitted to CMS track changes
STATEWIDE TRANSITION PLAN FOR COMPLIANCE WITH THE HOME AND COMMUNITY BASED SERVICES (HCBS) FINAL RULE’S SETTINGS REQUIREMENTS
Below is a REVISED statewide transition plan for six 1915(c) home and community based waivers: Intellectual Disability Waiver; Individuals and Families with Developmental Disabilities Support Waiver; Day Support Waiver; Elderly or Disabled with Consumer Direction Waiver; Alzheimer’s Assisted Living Waiver; and Technology Assisted Waiver. A 30-day public comment period expired on April 7, 2016.
Bullet Point ImageREVISED Statewide Transition Plan
THE CMS FINAL RULE ON HCBS
On January 16, 2014, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register a Final Rule on Home and Community Based Services (HCBS). The regulations contained in the Final Rule defines, describes, and aligns home and community-based setting requirements for Medicaid programs that offer home and community based services. Additionally, the Final Rule also defines person-centered planning requirements for individuals in home and community based settings under both Medicaid HCBS waiver and HCBS State plan authorities. The regulations contained in the Final Rule went into effect on March 17th, 2014. However, CMS has allotted an implementation period of up to five years, with the expectation that all HCBS Medicaid programs are fully compliant by March 17th, 2019. CMS is requiring for states to conduct assessments and develop transition plans showing how all HCBS Medicaid programs will be fully compliant with the regulations outlined in the Final Rule by March 17th, 2019.
VIRGINIA'S STATEWIDE TRANSITION PLAN COMPLIANCE AND MONITORING TEAM WEBEX
The Departments of Medical Assistance Services and Behavioral Health and Developmental Services will conduct a Statewide Transition Plan WebEx on Thursday, June 25th from 9:30-11:30 a.m. This WebEx will serve as the first convening of the Compliance and Monitoring Team (CMT). The CMT will educate, advise, support and monitor compliance with the settings requirements of the Home and Community Based Services (HCBS) final regulation 42 CFR Part 430, 431, 435, 436, 440, 441, and 447 and the Final Rule under Part 430 et al. in the January 16, 2014 issue of the Federal Register. The link below takes you to the invitation letter with registration and teleconference participation options.
Bullet Point ImageStatewide Transition Plan (STP) – Update January 2016 (50 minutes)
Bullet Point ImageCMT webex slides – June 25, 2015
Bullet Point ImageStatewide Transtion Plan CMT WebEx Invitation Letter
VIRGINIA’S STATEWIDE TRANSITION PLAN SUBMITTED TO CMS ON 3-17-2015
DMAS and DBHDS anticipate needed updates, modifications and clarifications to the transition plan once CMS reviews the plan and provides recommendations, technical assistance and guidance. DMAS and DBHDS will seek additional public input on the updated/modified plan through a 30 day public comment period. Additionally, and moving forward, public input and stakeholder engagement will be sought as the transition plan evolves and advances Virginia toward full compliance with the CMS HCBS Final Rule.
Bullet Point ImageCMS STP Response Letter
Bullet Point ImageVirginia Statewide Transition Plan CMS 3 17 2015
CMS HCBS REGULATIONS: INFORMATION AND RESOURCES
Bullet Point ImageCMS Final Rule on HCBS Publication in Federal Register (January 16th, 2014)
Bullet Point ImageOverview of the Setting Requirements in the CMS Final Rule
Bullet Point ImageCMS Minimum Requirements for Person Centered Service Plans (PCSP)
Bullet Point ImageCMS Guidance on Statewide Transition Plans
Bullet Point ImageCMS Final Rule Summaries and Fact Sheets
Bullet Point ImageCMS HCBS PowerPoint
Bullet Point ImageHCBS Settings Assessment Tool