The purpose of the Division of Medicaid and Medical Assistance is to provide health care coverage
to individuals with low incomes and those with disabilities and to ensure access to high quality, cost
effective and appropriate medical care and supportive services.
In January 2014, the Centers for Medicare & Medicaid Services (CMS) promulgated a rule which
for the first time defines settings that would meet the standard of being “community based”
in terms related to the quality of the experience for the consumer, as opposed to the physical characteristics
of the settings in which services were received. The rule applies to both residential and non-residential
settings. The intent of the rule, also referred to as the “Community Rule”, is to ensure that
people receiving federally funded home and community based services (HCBS) have opportunities to access
community services in the most integrated settings. This includes opportunities to seek employment
and work in competitive settings, engage in community life, control personal resources and participate
in the community to the same extent as people who do not receive HCBS.
The final rule required that states submit to CMS a Statewide Transition Plan on or before March
17, 2015: 1) demonstrating the process the State will undertake to assess the HCBS provided to participants
and the settings in which these services are provided and 2) describing the assessment process and timeframes
to ensure full compliance with federal requirements by March 17, 2019.
Delaware’s Division of Medicaid and Medical Assistance (DMMA) (within the Department of Health
and Social Services (DHSS)) will submit the Delaware Statewide Transition Plan (the Plan) addressing the
above requirements for all programs offering HCBS in the State.
The public is invited to review and comment on the State’s proposed Transition Plan. Comments
must be received by 4:30 p.m. on March 9, 2015. Comments and input regarding the draft transition plan
may be submitted in the following ways: