In the brief, TAC examines the new rule in the context of evidence-based practices, federal disability policy, Title II of the Americans with Disabilities Act (ADA) and the U.S. Supreme Court Olmstead decision. The brief highlights key considerations for states in complying with the final rule.
Medicaid Home and Community-Based Services (HCBS) represent important opportunities for states to utilize Medicaid funding to provide flexible person-centered community based services and supports that enable people with disabilities to live fully integrated lives in the community.
On January 16, 2014, the U.S. Centers for Medicare and Medicaid Services’ (CMS) published its final rule for HCBS. The new rule implements important features of the Affordable Care Act (ACA) and clarifies the types of settings in which Medicaid-funded HCBS may be delivered, while emphasizing the ability of people receiving HCBS to exercise choice about where they live and the services they receive.
The new requirements went into effect March 17, 2014, and are intended to align CMS’ policies regarding reimbursement for HCBS across Medicaid programs, and to align with the community integration mandate of Title II of the Americans with Disabilities Act (ADA) and the U.S. Supreme Court’s Olmstead decision. The ADA and Olmstead affirm the rights of people with disabilities to live and receive services in the most integrated, least restrictive settings appropriate to their needs.
The new HCBS setting and person-centered planning requirements are also more closely aligned with evidence-based principles for permanent supportive housing (PSH) and closely reflect best practice in community integration for people with disabilities and the policy direction of federal agencies charged with ensuring full access to community living opportunities for people with disabilities.