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The Centers for Medicare and Medicaid Services (CMS) released proposed rules on April 15 allowing states to serve multiple target groups (e.g., aged persons, disabled persons, individuals with developmental disabilities, and/or individuals with mental illness) under a single, consolidated home and community-based services (HCBS) waiver program if the state wishes to do so. The proposed rules also would require a person-centered service planning process involving any persons chosen by the recipient, with necessary supports to ensure that the individual can attain a meaningful role in directing that process. Other provisions in the proposed rule would require that the service plans include more detailed, individualized goals, including goals related to community living, community participation, employment, relationships, and education. The proposed rules further specify that home and community-based services must be provided in settings that are integrated into the community so as to provide meaningful access to community activities. This reflects concerns that HCBS programs fully meet obligations of states under the Americans with Disabilities Act (ADA) and the Supreme Court’s 1999 Olmstead decision, which require that disabled persons be served in the most integrated, least restrictive settings appropriate to their needs.   Public comments on the proposed rules are due on June 14.

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