These final rules should impact not only the 1115 Medicaid Transformation Waiver but make
the move to Managed Care less desirable. We shall see. The new regulations will be a part of
The Arc Executive Forum Conference in just three weeks.

The following is from our team in Washington D.C.


The final rule that includes the home and community-based setting definition was published in
yesterday’s federal register.

Find it on the web at:

A PDF version is available here:

The requirements for home and community-based settings begin on page 3032 (page 86 of 93)
at Section 441.530.  The same exact wording appears again beginning on page 3033 (page 87
of 93).  The definition appears twice because the rule addresses 1915(i) and 1915(k).  The
language is exactly the same for both programs.  CMS clarifies that the home and community-
based setting requirements will apply to 1915(c) waiver settings also.  Let me know if you have
more questions.

The Arc is working on a NPM that will include more detail about the new rule.

Maureen Fitzgerald
The Arc
1825 K Street NW, Suite 1200, Washington, D.C. 20006

Tony Paulauski
Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423
815-464-1832 (OFFICE)
815-464-1832 (CELL)