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HHS/CMS RIN: 0938-AO53 Publication ID: Spring 2011 
Title: Home and Community-Based Services (HCBS) State Plan Services Program and 5-Year Approvals and Renewals for Waivers and Demonstration Projects(CMS-2249-P2) 
Abstract: In 2008, CMS issued a proposed rule that would define and describe State plan home and community-based services (HCBS) under the Deficit Reduction Act. This rule would allow States, at their option, to provide home and community-based services (HCBS) under their regular State Medicaid plans. This proposed rule revises the 2008 proposed rule to implement provisions of the Affordable Care Act that require oversight and assessment of the administration of home and community based services. In addition, this rule would respond to public comments received on the previous proposed rule pertaining to the HCBS benefit under the Medicaid State plan. Finally, this proposed rule would clarify that Medicaid waivers that provide services for individuals dually eligible for Medicare and Medicaid could be authorized for as long as 5 years. Any waiver that provides medical assistance for dual eligible individuals (including any waivers under which non-dual eligible individuals may be enrolled) may be conducted for a period of 5 years and, upon request by the State, may be extended for additional 5-year periods. 
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 440 and 441   
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  09/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: No  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