About Kansas Final Rule

  • Published in the Federal Register on January 16, 2014
  • The HCBS Settings Final Rule defines the qualities of settings that are eligible to receive HCBS funding
  • The Final Rule is designed with the intent to improve people’s quality of life, increase their choices for services and settings, and provide them with more protections
  • Aims to ensure that individuals receiving long-term services and supports through home and community based service programs have full access to benefits of community living and the opportunity to receive services in the most integrated setting appropriate
  • The Final Rule applies to all settings where Home and Community Based Services are delivered
  • HCBS Settings include non-residential settings, such as adult day service centers, as well as residential settings, such as assisted living facilities
  • HCBS Settings are required to come into compliance by March 17, 2023

Qualities of HCBS Settings

  • The setting is integrated in and supports full access of individuals receiving Medicaid HCBS to the greater community
  • The setting provides opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS
  • The setting is selected by the individual from among setting options including non-disability specific settings and an option for a private unit in a residential setting
  • The setting options are identified and documented in the person-centered service plan and are based on the individual’s needs, preferences, and, for residential settings, resources
    available for room and board
  • The setting ensures an individual’s rights of privacy, dignity and respect, and freedom from coercion and restraint
  • Optimizes, but does not regiment, individual initiative, autonomy, and independence in making life choices, including but not limited to, daily activities, physical environment, and with whom to interact
  • Facilitates individual choice regarding services and supports, and who provides them

Kansas' Statewide Transition Plan

  • Kansas’ Statewide Transition Plan (STP) is Kansas’ roadmap to compliance with the HCBS Settings Final Rule
  • CMS reviews the plan and provides feedback
  • Kansas received initial approval of the STP on May 21, 2019 and is now
    working toward final approval

LINK: Kansas’ Statewide Transition Plan (PDF)

LINK: Statewide Transition Plan Initial Approval Letter (PDF)

LINK: Statewide Transition Plan Feedback with Comments (PDF)