Centers for Medicare and Medicaid Services HCBS Rules

Final State Transition Plan


About HCBS Federal Rules

On March 17, 2014, the federal Centers for Medicare & Medicaid Services (CMS) issued a fi­nal rule under which states may provide home and community-based long term services and supports.  States must meet new requirements for home and community-based long term services and supports by March 17, 2019. The new rule defines requirements for qualities for home and community-based settings, assurances of compliance with the settings require­ments, and transition plans to achieve compliance with the settings require­ments.  (Read the HCBS federal rule.)  The state was required to submit a statewide transition plan to CMS detailing how the state would achieve compliance by March 17, 2019.

What are Home and Community Based Services (HCBS) Rules?

People who receive Medicaid home- and community-based services (HCBS) soon will have the same opportunities as people who do not receive those services. Thanks to a new federal Centers for Medicare & Medicaid Services (CMS) rule, people who receive Medicaid HCBS will have the right to live in the most integrated setting and have full access to community living. Lifestyle decisions will be made with each person based on his or her preferences, also known as person-centered planning. The federal rule was effective March 17, 2014.

People getting Medicaid HCBS have the right to:

  • Seek employment
  • Work in competitive or integrated settings
  • Engage in community life
  • Control their personal resources
  • Receive services in the community

The Texas Department State Health Services (DSHS) has begun the process of implementing a state transition plan for the YES Waiver program.

Providers and other interested parties will be asked to comment on the transition plans as they are developed. DSHS will look for input on:

  • Settings that need to be considered when assessing the existing system
  • Suggestions on how to conduct the settings assessment
  • Ideas on how to address settings that may not be compliant
  • Input on how best to improve person-centered planning

YES Transition Plan

YES Settings Assessment

The YES Waiver Settings Assessment is the agency's assessment of the settings which YES Waiver participants receive the array of waiver services.  The assessment was conducted to ensure that the YES Waiver is in compliance with the CMS HCBS Settings Rule noted above. These settings are reflected in the State Transition Plan.

Last updated May 18, 2017