DHS Seeks Public Comments on HCBS Setting Evidentiary Packages

The Minnesota Department of Human Services (DHS) is seeking public comments on evidentiary packages written for Home and Community-Based Services (HCBS) settings across the state. Comments are due by 4 p.m. on March 6. We encourage our Adult Day Members and Customized Living providers to check the DHS web site on evidentiary packages as there are a large number of LeadingAge Minnesota provider members listed.  


The Centers for Medicare & Medicaid Services (CMS) requires states to submit evidentiary packages for settings that CMS presumes are not home and community-based. Evidentiary packages include information gathered during on-site visits and the provider-attestation process. CMS will conduct heightened-scrutiny assessments for settings that meet the following criteria: 

  • 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.
  • Prong 3 settings: Have the effect of isolating people from the broader community of people who do not receive HCBS.

This is the first round of evidentiary packages to be submitted to CMS after public comment. Additional rounds of evidentiary packages for comment throughout 2019.

Where to Find More Information

See the HCBS settings evidentiary packages webpage for more information and links to the evidentiary packages. Select the second tab in the gray box to find the settings currently open for comment. There are a large number of Adult Day Services and Customized Living provider members of LeadingAge Minnesota listed.

How to Comment

Be sure to include the NAME and ADDRESS of the specific setting on which you are commenting.

Comments should include:

How to Submit

Submit comments about any of the evidentiary packages by:

ATTN: HCBS settings public comment
Minnesota Department of Human Services
Disability Services Division
P.O. Box 64967
St. Paul, MN 55164-0967

For More Information on the Heightened-Scrutiny Process

See the CMS guidance document, FAQs Re: Heightened Scrutiny Review Process and Other HCBS Information

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