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CQL Position Statement On The HCBS Final Rule

CQL | The Council on Quality and Leadership supports the full integration of people with disabilities in communities. We believe the Medicaid HCBS Settings Final Rule is a critical effort by CMS to increase choice and access to the benefits of community for all persons receiving HCBS supports. We believe that people receiving supports from Medicaid-funded HCBS should have the same access to community life as people who do not require HCBS services and supports.

The settings requirements set standards to ensure that Medicaid community-based services are non-institutional in nature and people receiving HCBS supports are integrated into the community. People receiving supports should have the experience, exposure, and information and resources necessary to make informed choices regarding where and with whom they live, work, worship and play and what constitutes a meaningful day. They should have choice and personal control in their lives, be supported to be a valued member of their community and to realize personal quality of life.

People receiving supports should be guaranteed the right to privacy, dignity and respect, and freedom from coercion and restraint. They should have the same protections as people without disabilities in terms of housing, privacy in their home, and access to food and visitors.

Supports Should Be Person-Centered And Promote Individual Growth And Development:

  • Promote dignity and worth
  • Accord all people with the same legal and human rights that are bestowed on people who do not have disabilities and who do not receive HCBS services and supports
  • Assist people to be self-determined and to make informed choices
  • Promote development of social capital of all people, including those receiving supports
  • Promote community partnerships that encourage valued roles for people receiving supports
  • Promote employment first policies and practices
  • Continuously strive to improve the supports provided that enable people to achieve personal quality of life

Approved by the CQL Board of Directors (January 25, 2017)