CMS Makes Another Run at Denying Choice

On May 3, 2012 the Centers for Medicare & Medicaid Services (CMS) posted a Notice of Proposed Rulemaking – Federal Register, May 3, 2012, CMS-2249-P2 — that includes another significant effort to define “home- and community-based settings” in a way that expressly denies choice.  See our analysis of the previous effort Choice v. Olmstead.  The NPRM invites public comment.  The deadline for submitting comments is July 2, 2012, not June 4 as originally posted (see correction notice).  We will be providing comment which we will again publish here.  We urge anyone with an interest in this issue and a desire to make your voice heard to read the Federal Register, May 3, 2012, CMS-2249-P2 and submit your comments according to the submission criteria.