The Centers for Medicare & Medicaid Services (CMS) has released Frequently Asked Questions (FAQs) related to home and community-based settings to help operators navigate through the evolving health care landscape.
“The guidance focuses on the process for states to use in overcoming the presumption that certain settings have the characteristics of an institution, and highlights the heightened scrutiny review that CMS will give such information submitted from states,” CMS explains in a statement.
The guidance also addresses the most common questions asked in topic areas such as state flexibility to exceed federal settings requirements, use of section 1915(b)(3) waiver authority, and application of the settings requirements to visitors and tenancy.
The FAQs are used to provide additional information and/or statutory guidance not found in State Medicaid Director Letters, State Health Official Letters, or Center for Medicaid & CHIP Services Informational Bulletins.
The new FAQs resource comes at the same time as the anniversary of the Americans with Disabilities Act. In 1999, the Supreme Court ruled in Olmstead v.L.C. that the unjustified institutional isolation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act (ADA).
Written by Cassandra Dowell
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