Call to Action!

The Centers for Medicare & Medicaid Services (CMS) invites public input on a future HCBS Option

Community partners are monitoring a new federal Medicaid Waiver option related to home and community-based services (HCBS) and sharing an opportunity for public input.

The Centers for Medicare & Medicaid Services (CMS) will host a virtual listening session on May 19, 2026, from 1:30–3:30 PM (EST) to gather feedback on a new Medicaid option created under the Working Families Tax Cut, known as Section 1915(c)(11).

What is Section 1915(c)(11)?

Section 1915(c)(11) under the Working Families Tax Cut, Subchapter E – Expanding Access to Care: Section 71121. Making Certain Adjustments to Coverage of Home or Community-Based Services under Medicaid.

This new waiver option would allow states, starting as early as 2028, to offer certain HCBS supports earlier, before someone reaches a level of need that would typically qualify them for institutional care.

If adopted by a state, this approach could:

• Expand access to supports by creating a needs-based criterion to determine eligibility under the new waiver
• Help individuals remain in their homes and communities
• Strengthen overall service experience and outcomes

This option is not yet in place and would be optional for each state, meaning design and eligibility would vary by state.

Opportunity to Participate

CMS is seeking feedback from individuals with lived experience, family members, providers, and community partners. The listening session is intended to gather perspectives on:

• Improving access to HCBS
• Strengthening quality and participant experience
• Identifying potential implementation challenges

Participants may attend to listen or choose to share comments during the session or in writing.

Learn More and Register

• View the invitation: https://content.govdelivery.com/accounts/USCMSMEDICAID/bulletins/413f1d2
  
  
• Learn more: https://www.medicaid.gov/resources-for-states/working-families-tax-cut-legislation

• CMCS Informational Bulletin: (Expanding Access to Care on page 21): https://www.medicaid.gov/federal-policy-guidance/downloads/cib11182025.pdf

• Register: https://us06web.zoom.us/webinar/register/WN_9fmonNCiS9iJJNi32vGvgQ
  
  
• Submit written comments: MedicaidReforms@cms.hhs.gov
  (Subject line: Comments on 1915(c)(11) Waiver Option)

Closed captioning and ASL interpretation will be available.

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Update: Draft Administrative Rules Released by the Bureau of Developmental Services

Community partners are monitoring recent updates from the New Hampshire Bureau of Developmental Services (BDS) regarding proposed changes to several administrative rules that guide how developmental services are delivered across the state.

BDS has released early drafts of the following rules to provide stakeholders with additional time to review and offer input before the formal rulemaking process begins. You may view each draft directly using the links below:

• He-M 526: Designation of Receiving Facilities for Developmental Services

• He-M 527: Admission to and Discharge from a Developmental Services Designated Receiving Facility

• He-M 528: Conditional Discharge from a Designated Receiving Facility for Developmental Services

• He-M 529: Transfers Between Designated Receiving Facilities in the Developmental Services System

Public Comment

The public comment period has closed. However, additional opportunities to provide input will be available once the rules are formally filed.