Arc and New Federal Requirements for Community Services
The Medicaid program has given states the opportunity to provide supports in the
community. These long awaited new rules are the impetus of reforming the community
system. The new rules will have a positive impact on people with IDD for integration
into community living and employment. A significant change here in Illinois.
The Dept of Health Care & Family Services (HFS) will be holding listening session on
the Illinois Transition Plan for the new CMS Rules. You can send your comments or
attend one of the listening session and comment.
The Arc Leadership Conference will have a special session on the “New CMS Rules
on Community: What They Mean to Illinois” panel members on this session include Arc
US Public Policy Director Marty Ford, Director of the Division of Developmental
Disability and Illinois Council on Developmental Disabilities Director Sheila Romano.
New Federal Requirements for Residential and Non-Residential Home and
On January 16, 2014 the Centers for Medicaid and Medicare Services (CMS) issued
new regulations for the provision of Medicaid Home and Community-Based Services
(HCBS). Each state that operates a 1915 (c) waiver or a Section 1915 (i) state plan
benefit that was in effect on or before March 17, 2014 is required to file a Statewide
Transition Plan. The intent of the new regulations is to ensure that individuals receiving
long-term care services and supports through HCBS programs have full access to
benefits of community living and the opportunity to receive services in the most
integrated setting appropriate. This includes opportunities:
To seek employment and work in competitive and integrated settings
Engage in community life
Control personal resources
Receive services in the community, to the extent to which they are able as
individuals who do not receive HCBS
The focus of the Statewide Transition Plan will be compliance with the rules as
they relate to the setting where a person may live and where he/she may
The Illinois Department of Healthcare and Family Service (HFS) in collaboration with
the Illinois Departments of Aging (IDoA) and Human Services (DHS) and its Divisions
of Developmental Disabilities (DDD) and Mental Health (DMH) is developing a
Statewide Transition Plan as a result of the new Federal Home and Community-Based
Services (HCBS) setting requirements effective March 17, 2014. These regulations
are CMS 2249-F and CMS 2296-F, which affect Illinois’1915 (c) Home and Community
Based Services Waivers. Illinois plans to submit its Statewide Transition Plan by
March 17, 2015. Our Statewide Transition Plan must include the strategies to bring
Illinois in full compliance with Federal rules by March 16, 2019. All of the state
departments and divisions have been working collaboratively beginning shortly after
the implementation of the new rules. Stakeholder feedback on the Statewide
Transition Plan is a critical component of the Plan and is required by CMS.
The following 1915(c) waivers currently operating in Illinois that need to be in
compliance and addressed in the Statewide Transition Plan:
1.Adults with Developmental Disabilities
2.Children and Young Adults with Developmental Disabilities
3.Medically Fragile/Technology Dependent Children
4.Persons who are Elderly
5.Persons with Brain Injury
6.Persons with Disability
7.Persons with HIV/AIDS
8.Residential Services for Children and Young Adults with Developmental Disabilities
9.Supportive Living Program
The development of the Statewide Transition Plan will involve an assessment of
the State’s existing rules and regulations pertaining to HCBS settings as well as a
survey of HCBS providers to determine their level of compliance with the new
regulations. Secondly, the state is required to implement a remediation strategy for
compliance with the new regulations.
Provider Settings Surveys: In September and October 2014, HCBS Waiver
providers have been requested to complete a self-administered survey in order for
the state to take an inventory of our existing settings. The results of these surveys
will be analyzed by the University of Illinois at Springfield, Survey Research Office.
The following are links to documents that have been developed to-date:
The state’s goal is to have input into our Statewide Transition Plan at various stages of its development. The state will include opportunities to provide written and verbal feedback from an array of stakeholders that will be incorporated in the Statewide
Transition Plan. Watch for a published schedule of focus groups and other forums.
Please visit this site as plans for these opportunities to receive public feedback
emerge. Illinois wants and needs your input.
Schedule of Webinars and Forums
Draft Transition Plan
A proposed Transition Plan will be posted in early 2015 where public input and
feedback will be sought.