C.M.R. 10, 144, ch. 101, ch. I, § 144-101-I-6, subsec. 144-101-I-6.05

Current through 2024-51, December 18, 2024

Subsection 144-101-I-6.05 - SETTINGS THAT ARE NOT HOME AND COMMUNITY-BASED

HCBS waiver services may not be offered in the following settings:

A. A nursing facility;

B. An institution for mental diseases;

C. An intermediate care facility for individuals with an intellectual disability ("ICF-IID");

D. A hospital; or

E. Any other locations that have qualities of an institutional setting. Any setting that is located in a building that is also a publicly or privately operated facility that provides inpatient institutional treatment, or in a building on the grounds of, or immediately adjacent to, a public institution, or any other setting that has the effect of isolating Members from the broader community of individuals not receiving HCBS waiver services, will be presumed to be a setting that has the qualities of an institution, unless CMS has determined that the setting does not have the qualities of an institution and that the setting does have the qualities of HCBS settings.

C.M.R. 10, 144, ch. 101, ch. I, § 144-101-I-6, subsec. 144-101-I-6.05