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Home and Community Based Services Settings Final Rule

In 2014, the federal Centers for Medicare & Medicaid Services (CMS) published a rule requiring home- and community-based services (HCBS) to be provided in settings that meet certain criteria. The criteria ensure that HCBS participants have access to the benefits of community living and live and receive services in integrated, non-institutional settings.  Colorado has fully implemented this rule.

The following documents and information relate to Colorado's implementation of the HCBS Settings Final Rule.

During the transition period, the Department of Health Care Policy and Financing (HCPF) conducted a voluntary survey for individuals receiving home and community based services, as well as their family members and advocates, to provide input on the settings where they live and/or receive such services. The IFA Survey is now closed. 

To provide feedback to HCPF about any HCBS setting, please email us at HCPF_HCBS_Questions@state.co.us.

There are no HCBS Settings Final Rule materials open for public comment.

To view HCPF issuances regarding the HCBS Settings Final Rule and other matters, please visit the Memo Series page. This page includes links to Policy Memos, Operational Memos, and Informational Memos, as well as attachments to such memos.

To receive communications regarding the implementation of the HCBS Settings Final Rule, including notices of Memo Series issuances as well as notices of upcoming trainings and meetings and other information, please visit HCPF's distribution lists sign-up page. Check the box for the Office of Community Living Stakeholders list. Add your contact information and click sign-up.

To review back issues of these communications, please visit the OCL Long-Term Services and Supports (LTSS) Newsletter Archive.

To join meetings and other events, please visit the Office of Community Living’s stakeholder engagement page. You can subscribe to the calendar by following the instructions on that page.

To request a copy of older correspondence between HCPF and CMS, please contact HCPF_HCBS_Questions@state.co.us

Provider Transition Plans (PTPs)

The PTP is completed by the provider to assess its compliance with the HCBS Settings Final Rule, assess the potential application of heightened scrutiny, and set out a remedial action plan and timeline. When submitting its PTP, the provider attaches relevant evidence (e.g., leases, photographs). The completed PTP and attached evidentiary materials are subject to review and approval by HCPF.

To request a copy of older versions of the PTP templates and/or the provider scorecards that preceded them, please contact HCPF_HCBS_Questions@state.co.us.

Documents for review by CMS - Second Submission

HCPF’s second batch of heightened scrutiny determinations was open for public comment from April 25, 2023 through May 25, 2023.

Documents for review by CMS - Initial Submission

HCPF’s heightened scrutiny determinations were open for public comment from June 10, 2021, through July 10, 2021.

HS-001

HS-018

HS-036

HS-002

HS-019

HS-037

HS-003

HS-020

HS-038

HS-004

HS-021

HS-039 - closed

HS-005

HS-022

HS-040

HS-006

HS-023

HS-041

HS-007

HS-024

HS-042

HS-008

HS-025

HS-043

HS-009

HS-026

HS-044

HS-010

HS-027

HS-045

HS-011

HS-028

HS-046

HS-012

HS-029

HS-047

HS-013

HS-030

HS-048

HS-014

HS-031

HS-049

HS-015

HS-032

HS-050

HS-016

HS-033

HS-051

HS-017

HS-034

HS-052

 

HS-035

 

Operational Memo 24-062 - Protected Rights and Rights Modifications in the Home and Community-Based Services Program - Dec. 17, 2024

Critical rule update - effective March 16, 2024

Critical rule updates – effective March 15, 2023 

Operational Memo 22-052 - HCBS Settings Final Rule-Individual Transition Plan (ITP) Guidance for Case Managers - Nov. 10, 2022

Operational Memo 22-052 - Home And Community-Based Services (HCBS) Settings Final Rule — Rights Modification Reminders And Training For Case Managers - Nov. 8, 2022

Informational Memo 22-031 -  HCBS Settings Final Rule - Provisional Notice Reminder for Case Managers - September 23, 2022

Community Integration Tips - September 2, 2022

Informational Memo 22-029 - HCBS Settings Final Rule - Schedule Updates - August 29, 2022

Informational Memo 22-028 - HCBS Settings Final Rule - Videos for Members - August 24, 2022

Policy Memo 22-008 - HCBS Settings Final Rule—Announcement Of FAQ Part V - July 15, 2022

Operational Memo 22-020 - Implementation of the HCBS Settings Final Rule within the Children’s Habilitation Residential Program (CHRP) - May 9, 2022

10 CCR 2505-10 section 8.484 – Colorado’s codification of the HCBS Settings Final Rule – effective January 10, 2022

Operational Memo 21-066 -  HCBS Settings Final Rule - Use of Updated Documents - September 24, 2021

Informational Memo 21-044 - HCBS Settings Final Rule - Trainings on Individual Rights and Rights Modification – July 1, 2021

Informational Memo 21-037 - HCBS Settings Final Rule - Heightened Scrutiny Determinations – June 10, 2021

Operational Memo 21-032 - Informed Consent Template for Rights Modifications - March 17, 2021

Operational Memo 20-103 - Rights Modifications Documentation - December 21, 2020

Informational Memo 20-34 - HCBS Settings Final Rule - Milestone Update 3 - September 1, 2020

Informational Memo 20-034 - HCBS Settings Final Rule - Meetings to Develop Rule and Related Materials - August 3, 2020

Informational Memo 20-025 - HCBS Settings Final Rule - PTP Training Announcement #3 - June 16, 2020

Responses to Frequently Asked Questions (FAQs)

To request a copy of guidance materials that are no longer available online, please contact HCPF_HCBS_Questions@state.co.us.

Ask a Question/Report a Concern

To ask a question about the HCBS Settings Final Rule or report a concern about possible noncompliance, you may: