The Minnesota Department of Human Services (DHS) has posted for public comment the third round of evidentiary packages for Home and Community Based Services (HCBS) settings. This batch includes settings that have been identified as Prong 3 and includes Adult Day, Customized Living and Foster Care providers.  

Prong 3 settings are those that have the effect of isolating people who receive Medicaid HCBS from the broader community of people who do not receive Medicaid HCBS.  

An evidentiary package must be written for each setting DHS believes to be an HCBS setting. Evidentiary packages focus on the criteria Minnesota has determined would overcome the presumption of isolation. These criteria emphasize how people are engaged and integrated in the broader community.

The public comment period is Aug. 5 – Sept. 4. You may submit comments about any of the evidentiary packages by:

1. Reviewing the list of settings available for public comment on the HCBS settings heightened-scrutiny process page under the Public comment tab.
2. Completing the public comments on HCBS rule setting-specific evidentiary packages survey.

Settings need to meet the HCBS Standards established by CMS in order to maintain eligibility as a provider of HCBS waiver services. As part of the public comment process, providers in the group must:

• Print a copy of your setting’s Evidentiary Package and e-list announcement
• Post it in a prominent location in the setting where people receive services
• Notify each person that it is available for their review and comment and provide instructions on how to provide feedback – this can be done via newsletter, notice, or direct contact, with sensitivity to the needs and ability of the individual.