DHS Seeks Public Comments on HCBS Setting Evidentiary Packages

The Minnesota Department of Human Services (DHS) is seeking public comment for the next 30 days on the second batch of evidentiary packages written for home and community-based settings across the state. A number of LeadingAge MN members who provide Adult Day Services or Customized Living Services are included in this batch of evidentiary packages.

Comments can help support that persons receiving services in these settings experience them as Community Based Settings that fulfill the HCBS standards, rather than as institutional settings.

The federal Centers for Medicare & Medicaid Services (CMS) requires states to submit evidentiary packages for settings that CMS presumes are not home and community-based. CMS issued guidance describing the new heightened-scrutiny process for prong 1 and 2 settings (see definitions below).

According to the guidance, CMS will randomly select prong 1 and 2 settings to undergo the heightened-scrutiny process using a list provided by the state. DHS will submit two batches of prong 1 and 2 settings to CMS to go through their random sample process.

  • Prong 1 settings: Located in a hospital, nursing facility, intermediate care facility (ICF-DD) or institution for mental disease (IMD).
  • Prong 2 settings: Located adjacent to a public hospital, nursing facility, ICF-DD or IMD.

You may submit comments about any of the evidentiary packages by:

Reviewing the list of settings on the HCBS settings heightened-scrutiny process page under the Evidentiary packages for public comment tab and then completing the public comments on HCBS rule setting-specific evidentiary packages survey.

If you need assistance completing the survey or would like to request an alternative format to submit public comments, contact DHS at or vial mail at ATTN: HCBS settings public comment, Minnesota Department of Human Services, Disability Services Division, P.O. Box 64967, St. Paul, MN 55164-0967

Comments are due to DHS by 4 p.m. on May 31.

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