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PA Bulletin, Doc. No. 15-329


Availability of Pennsylvania's Statewide Transition Plan for Home and Community-Based Settings

[45 Pa.B. 921]
[Saturday, February 21, 2015]

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


 CMS published a final rule for home and community-based services (HCBS) at 79 FR 2948 (January 16, 2014) with an effective date of March 17, 2014. 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' 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

 On June 30, 2014, the Department submitted amendments to CMS for the Aging, Independence and Attendant Care waivers, including an initial Statewide Transition Plan in compliance with the final rule. Through follow-up discussions with CMS, these waiver amendments were withdrawn, along with the Statewide Transition Plan. This second submission incorporates feedback and stakeholder input from the initial public comment period, along with feedback and stakeholder input received through subsequent submissions of individual waiver amendments.

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 achieve compliance in the following areas: Assessment; Remediation Strategies; and Outreach and Engagement of Stakeholders.

 A hard copy of the Statewide Transition Plan may be requested by contacting the Department at the mailing address or e-mail address provided in the Submitting Written Comments and Feedback section. Individuals should include their full name and mailing address when making a request.

Public Input

 The Department will be holding webinars to receive comments on the proposed Transition Plan. Dates and times to participate in the webinars follow:

 • Thursday, March 5, 2015, at 11 a.m.—1 p.m.

 • Monday, March 9, 2015, at 1 p.m.—3 p.m.

 Dial-in information for the webinars is available by contacting the Department at (717) 214-2283, or by visiting

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 David Alexander, Department of Human Services, Office of the Secretary, P. O. Box 2675, Harrisburg, PA 17105-2675. Comments may also be submitted to the Department's Final Rule Mailbox at Commenters are instructed to use subject header ''TP Final Rule'' when submitting electronic comments. Comments must be submitted by March 22, 2015.

 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).

Acting Secretary

Fiscal Note: 14-NOT-941. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 15-329. Filed for public inspection February 20, 2015, 9:00 a.m.]

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