53 Availability of the Commonwealth's Statewide transition plan for home and community-based settings

DEPARTMENT OF
HUMAN SERVICES

Availability of the Commonwealth's Statewide Transition Plan for Home and Community-Based Settings

[46 Pa.B. 296]
[Saturday, January 9, 2016]

 The Department of Human Services (Department) is making available for review and public comment the Commonwealth's revised proposed Statewide Transition Plan for Home and Community-based Settings (Plan). Comments received will be used to formulate the Commonwealth's Final Plan that will be submitted to the Centers for Medicare and Medicaid Services (CMS).

Background

 On January 16, 2014, CMS published a final rule for home and community-based services (HCBS) at 79 FR 2948 (January 16, 2014) with an effective date of March 17, 2014. This final rule, among other things, amends the Medicaid regulations for HCBS waivers under section 1915(c) of the Social Security Act (42 U.S.C.A. § 1396n(c)) to provide requirements regarding person-centered plans of care, characteristics of settings that are home and community-based as well as settings that may not be home and community-based. See 42 CFR Parts 430, 431, 435, 436, 440, 441 and 447. These requirements reflect CMS' intent that individuals receiving services and supports through Medicaid waivers receive services in settings that are integrated in and support full access to the greater community.

 All 1915(c) Medicaid waivers must comply with these requirements. In this Commonwealth there are nine 1915(c) Medicaid HCBS waivers:

 • Adult Autism Waiver

 • Aging Waiver

 • Attendant Care Waiver

 • COMMCARE Waiver

 • Consolidated Waiver

 • Independence Waiver

 • Infant, Toddlers and Families Waiver

 • OBRA Waiver

 • Person/Family-Directed Support Waiver

 The final rule recognized that a transition period may be needed for states with existing approved 1915(c) HCBS waivers to meet the provisions of the final rule. The final rule provides the state with the opportunity to develop a transition plan that encompasses a period of up to 5 years after the effective date of the regulation to meet the provisions of the final rule. For more details about the HCBS final rule, refer to the CMS HCBS web page at http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Supports/Home-and-Community-Based-Services/Home-and-Community-Based-Services.html.

 The Department's initial proposed Plan was published at 44 Pa.B. 5544 (August 16, 2014). Based upon feedback received through public forums, written public comments and CMS communication, the Department revised the proposed Plan which was published at 45 Pa.B. 921 (February 21, 2015), with an additional series of public webinars and public comment period. The Department also submitted this proposed Plan to CMS on April 1, 2015.

Transition Plan

 Based on additional public comment and CMS communication, the Department has updated the proposed Plan for all nine 1915(c) Medicaid HCBS waivers. The current proposed Plan is available at www.dhs.pa.gov/citizens/hcbswaiver. The updated Plan includes the steps the Department anticipates taking to achieve compliance with the HCBS final rule and incorporates additional feedback and stakeholder input from stakeholder sessions, informational calls with CMS, and updates on progress made in complying with the HCBS final rule.

 A hard copy of the updated Plan may be requested by contacting the Department at the following mailing address or e-mail address. Individuals should include their full name and mailing address when making a request.

Public Input

 The Department will hold webinars to receive comments on the updated Plan. Dates and times to participate in the webinars:

 • Friday, January 22, 2016, at 9 a.m.—11 a.m.

 • Monday, February 1, 2016, at 2 p.m.—4 p.m.

 Dial-in information for the webinars is available by visiting www.dhs.pa.gov/citizens/hcbswaiver or by contacting the Department at [phone].

Submitting Written Comments and Feedback

 Interested persons are invited to submit written comments regarding this notice and the updated Plan. Comments should be addressed to Caitlin Palmer, Department of Human Services, Office of the Secretary, P. O. Box 2675, Harrisburg, PA 17105-2675, [e-mail]. Commenters are instructed to use subject header ''Statewide Transition Plan'' when submitting electronic comments. Comments must be submitted by February 16, 2016.

 Persons with a disability who require an auxiliary aid or service may submit comments using the Pennsylvania AT&T Relay Service at [phone] (TDD users) or [phone] (voice users).

THEODORE DALLAS, 
Secretary

 Fiscal Note: 14-NOT-986. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 16-53. Filed for public inspection January 8, 2016, 9:00 a.m.]