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PA Bulletin, Doc. No. 14-1755



Availability of Pennsylvania's Statewide Transition Plan for Home and Community-Based Settings; Public Input Meetings

[44 Pa.B. 5544]
[Saturday, August 16, 2014]

 The Department of Public Welfare (Department) is making available for public review and comment Pennsylvania's proposed Statewide Transition Plan for Home and Community-Based Settings. Comments on this notice and comments received at the public input meetings will be used to formulate Pennsylvania's Final Statewide Transition Plan that will be submitted to the Centers for Medicare and Medicaid Services (CMS).


 On January 16, 2014, CMS published a final rule for home and community-based services (HCBS) in the Federal Register with an effective date of March 17, 2014. See 79 FR 2948. This final rule, among other things, amends the Medicaid regulations for HCBS waivers under section 1915(c) of the Social Security Act (42 U.S.C.A. § 1396n(c)) to provide requirements regarding person-centered plans of care, characteristics of settings that are home and community-based as well as settings that may not be home and community-based. See 42 CFR Parts 430, 431, 435, 436, 440, 441 and 447. These requirements reflect CMS's intent that individuals receiving services and supports through Medicaid waivers receive services in settings that are integrated in and support full access to the greater community.

 All 1915(c) Medicaid waivers must comply with these requirements. In this Commonwealth there are ten 1915(c) Medicaid HCBS waivers:

 • Adult Autism Waiver

 • AIDS Waiver

 • Aging Waiver

 • Attendant Care Waiver

 • COMMCARE Waiver

 • Consolidated Waiver

 • Independence Waiver

 • Infant, Toddlers and Families Waiver

 • OBRA Waiver

 • Person/Family-Directed Support Waiver

 The final rule recognized that a transition period may be needed for states with existing approved 1915(c) HCBS waivers to meet the provisions of the final rule. The final rule provides the Commonwealth with the opportunity to develop a transition plan that encompasses a period of up to 5 years after the effective date of the regulation to meet the provisions of the final rule. For more details about the Home and Community-Based Services Final Rule, refer to the CMS HCBS web page at

Transition Plan

 The Department has made Pennsylvania's proposed Statewide Transition Plan for all ten 1915(c) Medicaid HCBS waivers available at The proposed Statewide transition plan includes the steps the Department anticipates taking to assess compliance in the following areas: Unallowable Settings; Settings that are Presumed not Eligible; Qualifications for all Home and Community-Based Settings; and Requirements for Provider-Owned or Controlled Home and Community-Based Residential Settings.

 The Department will hold five public input meetings throughout this Commonwealth to receive comments on the proposed Statewide transition plan.

Locations, Dates and Times

Pittsburgh—Monday, August 25, 2014
Human Services Building
Homestead Grays Room (Lower Level)
One Smithfield Street
Pittsburgh, PA 15222
1:30 p.m. to 4:30 p.m.

Erie—Tuesday, August 26, 2014
Erie City Hall
Main Council Chambers
626 State Street
Erie, PA 16501
9 a.m. to 12 p.m.

Scranton—Thursday, August 28, 2014
B3—Scranton State Office Building
100 Lackawanna Ave
Scranton PA, 18503
1 p.m. to 4 p.m.

Philadelphia—Thursday, September 4, 2014
Vision For Equality, Inc.
The Cast Iron Building
718 Arch Street, 6N
Philadelphia PA, 19106
1 p.m. to 4 p.m.

Harrisburg—Friday, September 5, 2014
Dauphin County Case Management Unit
1100 South Cameron Street
Harrisburg PA, 17104
1 p.m. to 4 p.m.

Registering for a Public Input Meeting

 Persons who wish to provide verbal comments at a public input meeting must register prior to the date. Registration is not required for persons attending to listen, but the Department is requesting those interested in attending register to help ensure there is adequate seating. If there are capacity limitations, priority will be given to those who have registered to attend.

 To register to present verbal comments or attend the public input meeting, go to the previously listed Department web site and follow the registration instructions. Individuals may also register by calling (717) 783-8412 or (800) 654-5984 (TDD users) with name and telephone number.

 Verbal comments at the public input meeting will be limited to 5 minutes to allow others time to share their comments. To assist the Department in accurately capturing verbal comments, individuals are asked to submit a written copy of their comments by submitting a copy at the public input meeting, e-mailing them or mailing them to the address noted as follows.

Submitting Written Comments and Feedback

 Interested persons are invited to submit written comments regarding this notice and the proposed transition plan. Comments should be addressed to April Leonhard, Department of Public Welfare, Office of Long-Term Living, Bureau of Policy and Regulatory Management, P. O. Box 8025, Harrisburg, PA 17105-8025. Comments may also be submitted to the Department at the Final Rule Mailbox at Commenters are instructed to use subject header ''TP Final Rule'' when submitting electronic comments. Comments must be submitted by September 16, 2014.

 Persons with a disability who require an auxiliary aid or service may submit comments using the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).


[Pa.B. Doc. No. 14-1755. Filed for public inspection August 15, 2014, 9:00 a.m.]

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