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  • Writer's pictureTogether for Choice

Important Letter from CMS regarding the HCBS Settings Rule

Updated: Oct 31, 2022

On April 28, 2021, Congressman Brian K. Fitzpatrick (R-PA1) sent a letter to the Centers for Medicare & Medicaid Services (CMS) with specific questions regarding the scope of the home and community-based services (HCBS) settings rule. Thanks to Rep. Fitzpatrick and his dedicated staff, we now have a written response from CMS.

The response letter from CMS is significant because it clarifies that the HCBS settings rule "does not prohibit funding in farmsteads, intentional communities, and campus settings." It also clarifies that the rule does not impose a cap on the number of individuals receiving services in a setting. Importantly, CMS reiterates that "the focus should be on the experience of the individuals in the setting."

If your state prohibits or restricts HCBS funding in farmsteads, intentional communities and campus settings or imposes a cap on the number of individuals receiving services in a setting by blaming the federal HCBS settings rule, please download the attached letters and share them with your state regulators and legislators.

Please reach out to us if you have any questions and/or comments regarding the CMS letter.

Together for Choice

Rep. Fitzpatrick to CMS Letter
Download PDF • 631KB

CMS Response Letter
Download PDF • 76KB

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