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How States Can Prevent Evictions When Implementing Federal HCBS Regulations

This new issue brief discusses how states should implement the new federal Home and Community-Based Services (HCBS) regulations in order to prevent improper evictions.

In 2014, the Centers for Medicare and Medicaid Services (CMS) released regulations that set standards for the settings in which HCBS are provided. To implement these regulations, each state must have a transition plan approved by CMS by March 2019, with full compliance required by March 2022.

Under one requirement of the new regulations, states must establish eviction protections for persons living in residential HCBS settings such as assisted living facilities or group homes. Based on review of state transition plans, however, many states are proposing to implement this protection in a way that would do little to protect HCBS consumers.

The issue brief examines state proposals, explains why many states’ plans are inadequate, and offers recommendations on best practices to prevent improper evictions. Consumers and advocates should advocate with the state and CMS to ensure that state transition plans properly establish meaningful protections against eviction.

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