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HHS/CMS RIN: 0938-AO53 Publication ID: Fall 2011 
Title: Home and Community-Based State Plan Services Program and Provider Payment Reassignments (CMS-2249-P2) 
Abstract: This proposed rule would amend the Medicaid regulations to define and describe State plan home and community-based services (HCBS) plan services under the Affordable Care Act. This proposed rule offers States new flexibilities in providing necessary and appropriate services to elderly and disabled populations and reflects CMS' commitment to the general principles of the President's Executive Order released January 18, 2011, entitled "Improving Regulation and Regulatory Review." In particular, this rule does not include the existing cumbersome eligibility link between HCBS and institutional care that exists under the Medicaid 1915(c) HCBS waiver program. This regulation would describe Medicaid coverage of a new optional State plan benefit to furnish home and community based State plan services and draw Federal matching funds. As a result, States will be better able to design and tailor Medicaid services to accommodate individual needs. This may result in improved patient outcomes and satisfaction, while enabling States to effectively manage their Medicaid resources. 
Agency: Department of Health and Human Services(HHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 42 CFR 431    42 CFR 435    42 CFR 436    42 CFR 440    42 CFR 441    42 CFR 447   
Legal Authority: Deficit Reduction Act of 2005    PL 109-171, sec 6086    PL 111-148, sec 2402(b)-(g)   
Legal Deadline:
Action Source Description Date
Final  Statutory    01/01/2007 
Timetable:
Action Date FR Cite
NPRM  04/04/2008  73 FR 18676   
NPRM Comment Period End  06/03/2008    
Second NPRM  02/00/2012    
Additional Information: Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Suzanne Bosstick
Director, Division of Integrated Health Systems
Department of Health and Human Services
Centers for Medicare & Medicaid Services
7500 Security Boulevard,
Baltimore, MD 21244
Phone:410 786-1301
Email: suzanne.bosstick@cms.hhs.gov