This Q&A provides an overview of the requirements of 2014 federal regulations that any setting receiving Medicaid home and community-based services (HCBS) funding must have certain community qualities and not be institutional in nature. It also covers when a setting presumed to have institutional qualities may be approved to continue providing Medicaid HCBS through a process called “heightened scrutiny.”
The Q&A was created by the following national disability and aging organizations: American Network of Community Options and Resources, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Bazelon Center for Mental Health Law, Justice in Aging (formerly National Senior Citizens Law Center), National Association of Councils on Developmental Disabilities, National Disability Rights Network, National Health Law Program, and The Arc of the United States.