Notice is hereby given that the Indiana Family and Social Services Administration (FSSA) will submit to the Centers for Medicare and Medicaid Services (CMS) a revision to Indiana's Statewide Transition Plan for compliance with the Home and Community-Based Services (HCBS) regulations of 42 CFR 441.301(c)(4)-(5) and Section 441.710(a)(1)-(2).

PURPOSE

Effective March 17, 2014, CMS has issued regulations that define the settings in which it is permissible for states to pay for Medicaid HCBS. The purpose of these regulations is to ensure that individuals receive Medicaid HCBS in settings that are integrated and that support full access to the greater community. This includes opportunities to seek employment and work in competitive and integrated settings, engage in community life, control personal resources, and receive services in the community to the same degree as individuals who do not receive HCBS. These changes will maximize the opportunities for participants in HCBS programs to have access to the benefits of community living and to receive services in the most integrated setting.

States must ensure all HCBS settings comply with the federal requirements by completing an assessment of existing state standards including rules, regulations, standards, policies, licensing requirements, and other provider requirements.

FSSA has created a Statewide Transition Plan to assess compliance with the federal regulations and identify strategies and timelines for coming into compliance with the regulations as they relate to all FSSA HCBS programs. States must be in full compliance with the federal requirements by March 17, 2022. Version 8 of Indiana's Statewide Transition Plan includes updated timelines and additional detail on the heightened scrutiny process.

FSSA PROGRAMMATIC IMPACT

The programs currently under review include 1915(c) HCBS waivers and 1915(i) State Plan benefits administered by the following divisions within FSSA:

Division of Aging

• Aged & Disabled (A&D) Waiver – IN.210

• Traumatic Brain Injury (TBI) Waiver – IN.4197

Division of Disability and Rehabilitative Services

• Community Integration and Habilitation (CIH) Waiver – IN.378

• Family Supports Waiver (FSW) – IN.387

Division of Mental Health and Addiction

• Child Mental Health Wraparound Services (CMHW) – TN 17-022

• Behavioral and Primary Healthcare Coordination (BPHC) – TN 13-013

• Adult Mental Health Habilitation (AMHH) – TN 12-003

SUBMISSION OF COMMENTS

The public comment period for Version 8 of the Statewide Transition Plan will run from August 22, 2018, to September 21, 2018. All comments must be received during the comment period.

An electronic copy of Version 8 of the Statewide Transition Plan can be viewed at https://www.in.gov/fssa/da/4917.htm. Copies of the updated Statewide Transition Plan will also be made available at local DFR offices and at the address contained herein.

Written comments may be sent via email to: HCBSrulecomments@fssa.in.gov or by mail to:

Jennifer Walthall, M.D., MPH

Secretary

Family and Social Services Administration