On January 10, 2014, CMS issued its final rule governing Medicaid’s home- and community-based services programs. According to CMS, the final rule allows states more flexibility to offer services to elderly and disabled Medicaid beneficiaries. Key provisions of the rule include, among others:
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A five-year approval or renewal period for certain Medicaid waivers, when they provide medical assistance for those eligible for both Medicaid and Medicare;
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Certain exceptions to the general requirement that payment for services under a state plan be made directly to the individual practitioner;
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A requirement that attendant services and support must be provided in a home and community-based setting (does not include nursing facilities, institutions for mental diseases, or intermediate care facilities for individuals with intellectual disabilities); and
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Several key changes to the regulations implementing Medicaid 1915(c) HCBS waivers, allowing states to offer services without first obtaining a waiver from CMS.
The final rule was published in the Jan. 16, 2014 Federal Register (available here), and will be effective March 17, 2014.
Reporter, Katy Lucas, Atlanta, +1 404 572 2822, klucas@kslaw.com.
