Section 441.353 - [Effective 10/1/2025] Supporting documentation requiredThe agency must furnish CMS with sufficient information to support the assurances required under § 441.352 , in order to meet the requirement that the assurances are satisfactory. At a minimum, this information must consist of the following:
(a)Safeguards. A description of the safeguards necessary to protect the health and welfare of beneficiaries. This information must include:
(1) A copy of the standards established by the State for facilities (in which services will be furnished) that are covered by section 1616(e) of the Act.(2) The minimum educational or professional qualifications of the providers of the services.(3) A description of the administrative oversight mechanisms established by the State to ensure quality of care.(b)Records. A description of the records and information that are maintained by the agency and by providers of services to support financial accountability, information regarding how the State meets the requirement for financial accountability, and an explanation of how the State assures that there is an audit trail for State and Federal funds expended for section 1915(d) home and community-based waiver services. If the State has an approved Medicaid Management Information System (MMIS), this system must be used to process individual claims data and account for funds expended for services furnished under the waiver.(c)Evaluation and reevaluation of beneficiaries. A description of the agency's plan for the evaluation and reevaluation of beneficiaries' level of care, including the following:(1) A description of who makes these evaluations and how they are made.(2) A copy of the evaluation instrument.(3) The agency's procedure to assure the maintenance of written documentation on all evaluations and reevaluations and copies of the forms. In accordance with regulations at 2 CFR parts 200 and 300, written documentation of all evaluations and reevaluations must be maintained for a minimum period of 3 years.(4) The agency's procedure to assure reevaluations of need at regular intervals.(5) The intervals at which reevaluations occur, which may be no less frequent than for institutionalized individuals at comparable levels of care.(6) The procedures and criteria used for evaluation and reevaluation of waiver beneficiaries must be the same or more stringent than those used for individuals served in NFs.(d)Alternatives available. A description of the agency's plan for informing eligible beneficiaries of the feasible alternatives available under the waiver and allowing beneficiaries to choose either institutional or home and community-based services must be submitted to CMS. A copy of the forms or documentation used by the agency to verify that this choice has been offered and that beneficiaries of waiver services, or their legal representatives, have been given the free choice of the providers of both waiver and State plan services must also be available for CMS review. The Medicaid agency must provide an opportunity for a fair hearing, under 42 CFR part 431, subpart E, to beneficiaries who are not given the choice of home or community-based services as an alternative to institutional care in a NF or who are denied the service(s) or the providers of their choice.(e)Post-eligibility of income. An explanation of how the agency applies the applicable provisions regarding the post-eligibility treatment of income and resources of those individuals receiving home and community-based services who are eligible under a special income level (included in § 435.217 of this subchapter).57 FR 29156, June 30, 1992, as amended at 81 FR 3012 , Jan. 20, 2016 Effective Date Note: At 57 FR 29156, June 30, 1992, §441.353 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.