Settings for HCBS. The CHC-MCO must provide services in the least restrictive, most integrated setting. The CHC-MCO shall only provide HCBS in settings that comply with 42 C.F.R. § 441.301. NFCE Participants who are residing in Personal Care Homes as of the Implementation Date will be permitted to remain in those settings while in CHC. Settings cannot be located on the grounds of a NF, Intermediate Care Facility, Institution for Mental Disease, or a Hospital, unless it meets the standards for the heightened scrutiny process established under 42 C.F.R. § 441.301(c)(5) and is included in the PCSP. The CHC-MCO must work in collaboration with the Department to assess settings for compliance, which includes, but is not limited to, the following:
