Home and Community Based Services Settings Final Rule
In 2014, the federal Centers for Medicare and 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.
CMS Guidance
These resources are provided by the Centers for Medicare and Medicaid Services (CMS)
- CMS HCBS Settings Final Rule
- CMS HCBS Settings Requirements Compliance Toolkit
- CMS HCBS Settings Training Series
HCPF Guidance
HCBS Setting Rule - 10 CCR 2505-10 section 8.7001.A and .B
Operational Memo 25-041 - HCBS Settings Final Rule - Updated Informed Consent Template for Rights Modification - June 24, 2025
Operational Memo 24-062 - Protected Rights and Rights Modifications in the Home and Community-Based Services Program - December 17, 2024
Operational Memo 22-052 - HCBS Settings Final Rule — Rights Modification Reminders And Training For Case Managers - Nov. 8, 2022
Community Integration Tips - September 2, 2022
Informational Memo 22-028 - HCBS Settings Final Rule - Videos for Members - August 24, 2022
- Part I: My Rights video
- Part II: Rights Modifications video
- Part I: My Rights video (Spanish)
- Part II: Rights Modifications video (Spanish)
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
Responses to Frequently Asked Questions (FAQs)
- Part V: MythBusters - July 2022
- Part IV: Employment-Related Services - April 2019
- Part III: Leases and Residential Agreements - November 2018
- Part II: Follow-Up on General Questions - June 2018
- Part I: General Questions - January 2018
To request a copy of guidance materials that are no longer available online, please contact HCPF_HCBS_Questions@state.co.us
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Forms and Training Presented by HCPF
- Informed Consent for Rights Modification Template - June 2025
- Spanish Version - June 2025
- Spanish Version - June 2025
- HCBS Settings Final Rule Training for Case Managers (Case managers must access trainings through COLearn to get credit)
- Individual Rights & Rights Modification - Members - June 2021
- Individual Rights & Rights Modification - Families & Guardians - June 2021
- Individual Rights & Rights Modification - Providers & Case Management Agencies - June 2021
Resources
- HCPF Memo Series - view HCPF memos regarding the HCBS Settings Final Rule and other topics
- Sign up to receive email communications from the Office of Community Living (OCL)
- Get updates about the HCBS Settings Rule and other topics, including notices of Memo Series issuances, upcoming trainings and meetings, and other information
- When signing up, select the Office of Community Living Stakeholders list
- OCL Long-Term Services and Supports (LTSS) Newsletter Archive
- OCL Stakeholder Engagement Page - view a calendar of upcoming events and meetings, and other resources
- Long-Term Services and Supports Programs Page - connect to a variety of resources for all of our LTSS Programs and Projects
Correspondence Between HCPF and CMS
- Statewide Transition Plan Quarterly Update to CMS - Quarter ending March 31, 2025
- Statewide Transition Plan Quarterly Update to CMS - Quarter ending December 31, 2024
- Colorado Responses to CMS Heightened Scrutiny Summary of Findings - December 2024
- Statewide Transition Plan Quarterly Update to CMS - Quarter ending September 30, 2024
- Statewide Transition Plan Quarterly Update to CMS - Quarter ending June 30, 2024
- Youth Day Settings Corrective Action Plan - July 1, 2024
- CMS Heightened Scrutiny Summary of Findings - April 2024
- Statewide Transition Plan Quarterly Update to CMS - Quarter ending March 31, 2024
- Approved Corrective Action Plan - March 14, 2023
To request a copy of older correspondence between HCPF and CMS, please contact HCPF_HCBS_Questions@state.co.us
Contact Us
To provide feedback to HCPF about any HCBS setting, email us at HCPF_HCBS_Questions@state.co.us
To ask a question about the HCBS Settings Final Rule or report a concern about possible noncompliance, you may:
- Email HCPF_HCBS_Questions@state.co.us; or
- Discuss the issue with your case manager; or
- File a complaint with the Colorado Department of Public Health and Environment (CDPHE) if you think staff are violating your rights.