WSR 15-02-044

INTERPRETIVE OR POLICY STATEMENT

[Filed January 2, 2015, 11:50 a.m.]

In accordance with RCW 34.05.230(12), following is a list of policy and interpretive statements issued by the department of social and health services (DSHS).

Document Title: Public Notice.

Subject: Public comments period on the New Freedom waiver transition plan for compliance with new federal rules.

Effective Date: January 21, 2015, through February 22, 2015.

A final federal rule, published in January 2014, created requirements for home and community-based settings in medicaid programs operated under sections 1915 (c), (i), and (k) of the Social Security Act. These regulatory requirements can be found at 42 C.F.R. Section 441.301 (c)(4)(5) and Section 441.710 (a)(1)(2). The requirements support opportunities to maximize access to the benefits of community living and to receive services in the most integrated setting for home and community-based service[s] (HCBS) program participants. States are required to submit a waiver specific transition plan to the Centers for Medicare and Medicaid Services (CMS) at the time of waiver renewal.

The state medicaid agency in conjunction with DSHS, will be submitting a waiver specific transition plan to CMS for DSHS's New Freedom waiver #0443. As outlined in guidance issued by CMS on September 5, 2014, the plan describes compliance with the regulation requirements for home and community-based settings at 42 C.F.R. 441.301 (c)(4)(5) and 441.710 (a)(1)(2), and describes to CMS how DSHS will comply with the new requirements. The plan includes an assessment of the extent to which Washington's regulations, standards, policies, licensing requirements, and other provider requirements ensure settings that comport with the requirements outlined at 42 C.F.R. 441.301 (c)(4)(5) and 42 C.F.R. 441.710 (a)(1)(2). The plans also describe actions DSHS will take to assure full and ongoing compliance with the HCBS settings requirements, including specific timeframes for identified actions.

The transition plan is subject to public input, as required at 42 C.F.R. 441.301 (6)(B)(iii) and 42 C.F.R. 441.710 (3)(iii). This notice announces an additional review period for the waiver specific transition plan for DSHS's new freedom waiver #0443. The additional review period has been added due to modifications to the New Freedom waiver specific transition plan that are required by CMS. The new thirty day comment period for the New Freedom transition plan closes on February 22, 2015.

The New Freedom transition plan will be available on the DSHS web site on January 21, 2015. The web site address is http://www.altsa.dshs.wa.gov/stakeholders/hcbs/. Paper copies of the draft transition plans are available upon request by contacting Barbara Hanneman at the address listed below or calling 1-800-422-3263 and selecting option #6.

DSHS welcomes all comments on the New Freedom transition plan. Comments may be submitted to DSHS through the web site address listed above. Additionally, comments may be mailed to Barbara Hanneman, HCS Program Manager, P.O. Box 45600, phone (360) 725-2525, TDD/TTY (360) 438-2637, fax (360) 586-9727, e-mail hannebj@dshs.wa.gov, web site http://www.adsa.dshs.wa.gov. DSHS will receive comments on the draft transition plans through February 22, 2015.