Common use of Settings for HCBS Clause in Contracts

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: a. The CHC-MCO must identify a point person to participate in Department activities related to settings compliance with 42 C.F.R. § 441.301. b. The CHC-MCO must comply with Department decisions on provider disenrollment in accordance with Exhibit V, CHC-MCO Requirements for Provider Terminations. CHC-MCOs must also submit within ten (10) business days of identification any possible instances of non-compliance they identify in a format determined by the Department. The CHC-MCO remains obligated to comply with the regulations and may not provide services in a non-compliant setting.

Appears in 5 contracts

Samples: Community Healthchoices Agreement, Community Healthchoices Agreement, Community Healthchoices Agreement

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