LOOKING FOR ASSISTANCE

On January 16, 2014, Centers for Medicare and Medicaid Services (CMS) published the Settings Rule to define person-centered planning requirements of 1915 (c) Home and Community-Based Services (HCBS) waiver programs under Medicaid authority.

All HCBS settings (residential and non-residential) must:

• Be integrated in and support full access to the greater community
• Be chosen by the person from among other setting options
• Ensure privacy, dignity, respect and freedom from coercion and restraint
• Optimize autonomy and independence in life choices
• Facilitate choice regarding services and who provides them

 For more information on compliance with the settings requirements please see:

• CMS Home and Community Based Regulation
• CMS Final Rule: Exploratory Questions for Non-Residential Settings
• CMS Final Rule: Exploratory Questions for Residential Settings

Campaigns

The DDSD has also partnered with the DDC, NM Allies for Advocacy, providers and other advocacy organizations to host Town Halls around the state initially as part of a Know Your Rights Campaign. Later building off of that initial campaign, an Advocate Rights and Responsibilities Campaign grew. The campaigns have included interactive presentations with stories of advocacy, responsibility and success from Waiver participants as well as discussion and conversation with the audience.

Resources

• CMS Final Rule Provider Communication
• HCBS Settings Rule Fact Sheet
• Know Your Rights: SWDC Presentation
• Know Your Rights: Alamogordo Presentation on Advocate Rights and Responsibilities