The Centers for Medicare & Medicaid Services requires states to submit evidentiary packages for settings that CMS presumes are not home and community-based to undergo a heightened-scrutiny process. CMS randomly selects prong 1 and 2 settings to undergo the heightened-scrutiny process using a list provided by the state. Although the HCBS settings rule transition period ended on March 17, 2023, many states, including Minnesota, have not received final approval of settings CMS requires to go through heightened-scrutiny review and are awaiting findings. CMS presumes the following types of settings to have institutional qualities:
Find more information about CMS’s heightened scrutiny process in Frequently Asked Questions Regarding the Heightened Scrutiny Review Process and Other Home and Community-Based Settings Information (PDF).
For more information about Minnesota's submissions to CMS, visit the Evidentiary packages submitted for heightened scrutiny webpage.
