CMS rule would expand community-based care
CMS Acting Administrator Kerry Weems
The proposed rule, which was published Monday, gives states guidelines for providing home- and community-based services (HCBS) to beneficiaries without applying for a waiver. The rule is based on a provision in the Deficit Reduction Act of 2005. Under the rule, each state would be allowed to determine eligibility or needs-based criteria for these services.
While states would no longer have to apply for a waiver under the proposed rule, CMS would have to approve a state plan amendment. Once approved, the plan does not have to be renewed, CMS said. The HCBS option became available in January of 2007.
See the proposed rule at: http://www.cms.hhs.gov/MedicaidGenInfo/Downloads/CMS2249P.pdf.