HCBS State & Federal Requirements
State Statutes
Chapter 192 Department of Health and Senior Services
- 192.2000 DSDS Duties
- 192.2005 Definitions
- 192.2400-192.2505 Protective Services for Adults: Reporting, Investigations, Employee Disqualification, Criminal Background Check
Chapter 208 Old Age Assistance, Aid to Dependent Children and General Relief
- 208.865 Definitions – Personal Care Attendant and Vendor
- 208.895 - 208.896 HCBS Referrals – Department Duties, Assessments, Care Plans, Structured Family Caregiving Waiver
- 208.900 – 208.930 Personal Care Assistance Services – Eligibility, Consumer and Vendor Responsibilities/Requirements, Electronic Visit Verification (EVV), Denial of Services, Discontinuation of Services
Chapter 660 Department of Social Services
- 660.023 In-Home Service Providers, Telephone Tracking System
State Regulations
TITLE 19 - Department of Health and Senior Services
Division 15 Division of Senior and Disability Services
Chapter 7 In Home Services Standards
- 19 CSR 15-7.021 In-Home Standards
Chapter 8 Consumer-Directed Services
- 19 CSR 15-8.00 Definitions
- 19 CSR 15-8.200 Eligibility
- 19 CSR 15-8.400 Vendors
- 19 CSR 15-8.500 Hearing Rights
Division 30 - Division of Regulation and Licensure
Chapter 81 Certification
- 19 CSR 30-81.030 Evaluation and Assessment Measures for Title XIX Recipients and Applicants in Long-Term Care Facilities
TITLE 13 – Department of Social Services
Division 70 MO HealthNet Division
Chapter 91 - Personal Care Program
- 13 CSR 70-3.320 Electronic Visit Verification (EVV)
- 13 CSR 70-91.010 Personal Care Program
Federal Regulations
Title 42 of the U.S. Code and the Code of Federal Regulations includes provisions related to Home and Community-Based Services (HCBS). These regulations govern the 1915 c waivers.
TITLE 42 – Home and Community Based Service Program
HCBS ACCESS Rule
The Center for Medicare and Medicaid Services (CMS) published a proposed rule, ensuring access to Medicaid services. The Access rule’s purpose is to improve access to HCBS, quality and health outcomes and better address health equity. The rule is designed to strengthen oversight of person-centered service planning in HCBS for people with disabilities and older adults.
Access RuleHCBS Settings Requirement
The HCBS settings requirement is to ensure individuals receive Medicaid HCBS in settings that are integrated in and support full access to the community. In March 2014. The Center for Medicaid and Medicare Services (CMS) published the final rule regarding changes to Home and Community Based Waiver Services (HCBS Waiver) which defines a home and community based setting and person centered planning requirements in Medicaid HCBS Waiver programs. The purpose of the regulation is to ensure that individuals receive Medicaid HCBS in settings that are integrated in and 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 Home and Community-Based Services.
- MO HealthNet Transition Plan Information
- MO Specific Summary of the Settings Requirements
- CMS Settings Toolkit
- CMS Final Regulation Information
Forms