AASD and DSD eList announcement

Date: Aug. 5, 2019
To: Waiver service providers, lead agency staff and other interested stakeholders
From: DHS Disability Services and Aging and Adult Services divisions
Comment period begins: 8 a.m. Monday, Aug. 5, 2019
Comment period ends: 11:59 p.m. Wednesday, Sept. 4, 2019

DHS seeks public comments on HCBS setting evidentiary packages

The Minnesota Department of Human Services is seeking public comment for the next 30 days on the third batch of evidentiary packages written for home and community-based settings across the state. This batch includes settings that have been identified as Prong 3.

Prong 3 settings are those that have the effect of isolating people who receive Medicaid home and community-based services from the broader community of people who do not receive Medicaid HCBS as defined in Minnesota’s approved Statewide Transition Plan (STP) (pages 38-43).

An evidentiary package must be written for each setting DHS believes to be an HCBS setting:

· Evidentiary packages focus on the criteria Minnesota has determined would overcome the presumption of isolation. These criteria emphasize how people are engaged and integrated in the broader community.

· Evidentiary packages must go out for 30 days of public comment to assure that the public agrees with DHS’s findings.

On March 22, 2019, CMS issued guidance describing the new heightened-scrutiny process (PDF). According to this guidance for Prong 3 settings:

· States may work with settings that are presumed to be isolating to bring them into compliance with regulatory criteria. This process would not require heightened scrutiny review if the setting is able to comply with regulatory criteria to the state’s satisfaction by July 1, 2020.

· States may submit to CMS those isolating settings that have not completed remediation by July 1, 2020, if:

o The state determines an isolating setting can implement remediation before the expiration of the transition period (March 17, 2022)

o The state also determines the isolating setting can comply with the settings criteria.

· CMS reserves the right to review any setting if the state receives significant public comment disagreeing with the state’s assessment.

To comment

Submit comments about any of the evidentiary packages by:

1. Reviewing the list of settings available for public comment on the HCBS settings heightened-scrutiny process page under the Public comment tab.

2. Completing the Public comments on HCBS rule setting-specific evidentiary packages survey.

If you need assistance completing the survey or would like to request an alternative format to submit public comments, contact us using one of the following options:

· Email: HCBS.Settings@state.mn.us

· Mail: ATTN: HCBS settings public comment
Minnesota Department of Human Services
Disability Services Division
P.O. Box 64967
St. Paul, MN 55164-0967

Comments are due to DHS by 11:59 p.m. Sept. 4.

Public comment schedule

· Batch 1: Public comment period held from Feb. 6, 2019, to March 7, 2019, settings were randomly selected for CMS review

· Batch 2: Public comment period from April 30, 2019, to June 9, 2019, and submitted for random sample process

· Batch 3: Public comment period from Aug. 5, 2019 to Sept. 4, 2019

· Batch 4: Public comment period scheduled for November-December 2019

More information

See the HCBS settings heightened-scrutiny process webpage for more information and links to the evidentiary packages.

For more information about the heightened-scrutiny process, see the CMS guidance document, Frequently Asked Questions Regarding the Heightened Scrutiny Review Process and Other Home and Community-Based Settings Information (PDF).

Previous eList announcements

AASD LEAD AGENCY ARCHIVE | DSD LEAD AGENCY ARCHIVE | DSD STAKEHOLDER ARCHIVE