Settings Rule for the Statewide Transition Plan

Information and resources regarding the statewide transition plan, a federally mandated plan to show how States will establish compliance with the new regulations.

Pursuant to 42 C.F.R. §441.301(c)(6)(iii), notice is hereby given that the New Hampshire Department of Health and Human Services submitted a Statewide Transition Plan (STP) on May 26, 2016 to the Centers for Medicare and Medicaid Services (CMS) to detail its assessment and remediation plan for ensuring that New Hampshire’s Medicaid-funded Home and Community-Based Services (HCBS) are provided in settings whose qualities meet new federal requirements at 42 C.F.R. §441.301(c)(4), which became effective March 17, 2014. All states are required to develop a plan to show how they will establish compliance with the new regulations.

The regulations do not specifically define HCBS settings; rather they describe the required qualities of Medicaid-funded HCBS settings. The regulations require that the “community-like” settings be defined by the nature and quality of the experiences of the individual receiving services and applies to both residential and day services settings.

The purpose of these regulations is to ensure that HCBS recipients are able to live in and have opportunities to access their community as well as to receive services in the most integrated settings. This includes opportunities to seek employment and work in competitive settings, engage in community life, control personal resources, and participate in the community just as people who live in the community, but who do not receive HCBS, do.

New Hampshire submitted a Statewide Transition Plan to CMS in January 2023 to show how it will establish compliance with these new regulations. The Statewide Transition Plan was approved by CMS on February 14, 2023.
New Hampshire’s Statewide Transition Plan includes several sections: 1) Inventory – review of existing state standards, policies, regulations, and statute to determine state level changes that are needed to align with the federal requirements, 2) Assessment – Development, implementation and validation of assessments completed by providers and participants including remediation plans and the role of the Advisory Task Force, 3) Ongoing Monitoring and Compliance.

To learn more about home and community based care residential settings requirements, please visit the CMS website.

Approved Statewide Transition Plan

Draft Statewide Transition Plans


Choices for Independence (CFI)

  • Providers
  • Participants

Acquired Brain Disorder (ABD) / Developmental Disabilities (DD)

  • Providers
  • Participants

Advisory Task Force Meetings

Meetings are held on a quarterly basis and are open to the public. All meetings are held from 10am – 12 noon. Due to space limitations, an RSVP is required within five (5) business days of the meeting you will be attending, by sending an email to Mary St. Jacques ( Reservations will be approved depending on availability of seating.

Meeting Location:

University of New Hampshire
56 Old Suncook Road, Suite 2
Concord, NH 03301
Phone: 603-228-2085 x 15

For more information, please contact Mary St. Jacques.

Meeting Minutes