In January 2014, the Centers for Medicare & Medicaid Services (CMS) issued new regulations that require home and community-based services (HCBS) to be provided in community like settings. The new rules define settings that are not community like and after a transition period, those settings that do not meet the new rules cannot be used to provide federally funded HCBS.
The intent of these rules is to ensure that people who receive HCBS have the opportunity to access the benefits of community living and receive services in the most integrated settings. States will be allowed until March 14, 2022 [extended to March 17, 2023, due to the public health emergency] to make the transition. The requirements for submitting a transition plan to CMS rest with the single-state Medicaid agency. The Hawai`i Department of Human Services, Med-QUEST Division (DHS/MQD) has taken the lead for meeting the requirements for the transition plan. Hawai`i proposes the transition plan with the following timetable and deliverables to come into compliance with the CMS HCBS Final Rule.
On March 2015, Hawai`i submitted the first My Choice My Way transition plan to CMS. The plan defined the key activities the state would complete to ensure that specific HCBS settings are in compliance with the regulations. These settings include:
- Adult Day Care Programs
- Adult Day Health Programs
- Adult Residential Care Homes/Expanded Adult Residential Care Homes
- Assisted Living Facilities
- Community Care Foster Family Homes
- Developmental Disabilities Domiciliary Homes
- Developmental Disabilities Adult Foster Homes
- Employment Programs
On January 2017, Hawai`i received initial approval of the My Choice My Way transition plan.
On November 2019, CMS approved the My Choice My Way transition plan. The approval letter and the approved Plan are linked below under the heading “Approved State Transition Plan".
Approved State Transition Plan
Past State Transition Plans
Heightened Scrutiny Settings
Questions or Comments?
Hawai`i welcomes all individuals receiving HCBS services, family members, advocates, providers, and the broader community to review the posted documents and submit comments at any time.
Email us at [email protected]
