Settings Final Rule

Draft State Settings Final Rule

Draft State HCBS Settings Final Rule

On March 17, 2014, the Centers for Medicare and Medicaid Services (CMS) issued the Home and Community Based Services Settings Rule (called the "Rule" in this transition plan). The Rule requires states to review and evaluate Home and Community-Based Services (HCBS) settings, including residential and nonresidential settings. States are required to analyze all HCBS settings where HCBS participants receive services to determine current compliance with the Rule.

The Kansas Department for Aging and Disability Services (KDADS) has created a Transition Plan to assess compliance with the HCBS Settings Rule and identify strategies and timelines for coming into compliance with the Rule. The federal regulation for the new Rule is 42 CFR 441.301(c)(4)-(5). More information on the Rule can be found on the CMS website at www.medicaid.gov/hcbs. The plan includes all settings where HCBS are provided in Kansas.

NOTE:

The draft Statewide Transition Plan for Kansas was modified to reflect the extended compliance date and ongoing technical assistance issued by CMS. The extension gives states until March 2022 to fully implement transition plans and achieve compliance with the HCBS Settings Final Rule. Kansas submitted its plan August 24, 2018, in consideration of CMS initial approval.

FileTypeSizeUploaded onDownload
Statewide Transition Plan Main BodyPDF791.52 KB24 Aug, 2018 Download
Appendix A - Systemic AssessmentPDF2.13 MB24 Aug, 2018 Download
Appendix B - Settings AssessmentPDF13.06 MB24 Aug, 2018 Download
Appendix C - Remediation GraphicPDF306.84 KB24 Aug, 2018 Download
Appendix D - Public CommentsPDF2.24 MB24 Aug, 2018 Download

Additional Information / Resources

The United States Department of Justice, Civil Rights Division, has provided new information regarding Americans with Disabilities Act and Olmstead v. L.C. Please find the information here. The information discusses Olmstead and "informed choice."

2018 Documents and Public Sessions

FileTypeSizeUploaded onDownload
Final Rule Stakeholder Call 9.19.2018PDF196.46 KB03 Oct, 2018 Download
Final Rule Stakeholder Call 7.18.2018PDF170.89 KB10 Aug, 2018 Download
Final Rule Stakeholder Call 6.20.2018PDF205.45 KB10 Aug, 2018 Download
Final Rule Stakeholder Call 5.16.2018PDF196.67 KB10 Aug, 2018 Download
Final Rule Stakeholder Call 4.18.2018PDF218.32 KB16 May, 2018 Download
Final Rule Stakeholder Call 3.21.2018PDF65.31 KB16 May, 2018 Download
Final Rule Stakeholder Call 2.21.2018PDF201.92 KB01 Mar, 2018 Download
Final Rule Stakeholder Call 1.17.2018PDF108.90 KB20 Feb, 2018 Download
HCBS Settings Final RulePDF64.60 KB01 Mar, 2018 Download

2017 Documents and Public Sessions

FileTypeSizeUploaded onDownload
Final Rule Stakeholder Call 10.18.2017PDF65.38 KB20 Feb, 2018 Download
Final Rule Stakeholder Call 12.20.2017PDF96.11 KB20 Feb, 2018 Download
Final Rule Stakeholder Call 9.06.2017PDF203.94 KB25 Sep, 2017 Download
Final Rule Stakeholder Call 9.20.2017PDF199.94 KB25 Sep, 2017 Download
Final Rule Stakeholder Call 7.5.2017PDF214.04 KB02 Aug, 2017 Download
June 21 2017 QAPDF225.77 KB02 Aug, 2017 Download
June 7 2017 QAPDF235.42 KB02 Aug, 2017 Download
Final Rule Stakeholder Call 7.19.2017PDF231.63 KB02 Aug, 2017 Download
Final Rule Stakeholder Call - May 17 2017PDF210.45 KB31 May, 2017 Download
Final Rule Stakeholder Call - May 3 2017PDF207.07 KB16 May, 2017 Download
Final Rule Stakeholder Call - April 19 2017PDF222.89 KB16 May, 2017 Download
Final Rule Stakeholder Call - April 5 2017PDF292.72 KB24 Apr, 2017 Download
Final Rule Stakeholder Call - March 15 2017PDF245.99 KB24 Apr, 2017 Download
CMS TA - Setting Specific Assessment and Remediation ProcessPDF757.79 KB10 Mar, 2017 Download
March 1 2017 QAPDF204.24 KB08 Mar, 2017 Download
Feb 15 2017 QAPDF192.42 KB08 Mar, 2017 Download
Person Centered Planning and HCBSPDF319.11 KB15 Feb, 2017 Download
What HCBS Rule Means for YouPDF241.62 KB15 Feb, 2017 Download
February 1 2017 QA FINALPDF208.20 KB15 Feb, 2017 Download
January 18 2017 QA FINALPDF190.50 KB15 Feb, 2017 Download
Jan 4 2017 QA FINALPDF202.86 KB15 Feb, 2017 Download