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Families and Beneficiaries FAQs

What is the HCBS Rule?

The Centers for Medicare and Medicaid Services (CMS) published new federal standards for how all home and community-based services through waiver programs should be operated. These standards combined make up the HCBS Rule.

What is the South Carolina Transition Plan?

This is a document that SCDHHS wrote, and continues to revise and amend, that details (as much as possible) how South Carolina will move toward compliance with the new settings requirements of the HCBS Rule. It is available for public review.

How is this HCBS Rule going to help me?

These new requirements focus on the nature and quality of experience for the beneficiary, so there is anticipated improvement in the quality of services and the overall experience for the beneficiary.

Will I be able to use a provider that I choose?

Yes, the new HCBS Rule is about empowering individuals to make decisions for themselves.

If there is only one Provider in my area that provides the services I need, how is that giving me the choices promised to me in the HCBS rule? 

SCDHHS recognizes there is a provider capacity problem.  SCDHHS will be looking at the system to figure out why we don't have more providers and consider making changes to fix the problem if that is what is necessary.

What if my adult-child is not capable of making good decisions for himself/herself? Does the new HCBS rule mean that I no longer have a role in helping my son/daughter make decisions? 

The intent of the HCBS rule is help people be independent, to the amount that they are able to be independent. SCDHHS recognizes that different individuals have different capabilities, and the new HCBS rule requirement for person-centered planning keeps this in mind. The new HCBS rule is designed for the individual and family to have more control over how services are provided and received.

Does this new rule change the relationship between SCDHHS and SCDDSN?

The rule does not change the relationship.  SCDHHS is still responsible for administering all of our Medicaid waivers and SCDDSN is still providing the daily operations for the following waivers:

  • Intellectual Disability/Related Disabilities (ID/RD) waiver
  • Community Supports (CS) waiver
  • Head and Spinal Cord Injury (HASCI) waiver

SCDHHS still administers and operates the other waiver programs:

  • Community Choices waiver
  • HIV/AIDS waiver
  • Mechanical Ventilator Dependent waiver
  • Medically Complex Children waiver

Does this new rule impact the Regional Centers?

It does not.  The rule only applies to home and community-based (or waiver) services.  Waiver services are not provided in Regional Centers, therefore the rule does not apply for those settings.