After a long two days of action in DC, which included storming the Department of Health and Human Services (HHS) headquarters on Tuesday, April 24th demanding the release of the regulations for Community First Choice option, the national grassroots disability rights group ADAPT celebrated a major victory when Cindy Mann, Director of the Center for Medicaid and State Operations, announced that the CFC regulations have been submitted in final form to the Federal Register for publishing! The final rules were released in print on Thursday, April 26th.

Thanks to ADAPT for all their hard work and persistence on this issue and congratulations for making it happen! With the release of the CFC rules, New York has no reason not to move forward immediately, starting by appointing the Development and Implementation Council, and NYAIL looks forward to working with NYS ADAPT and the State on developing the CFC Option for our state.

Read ADAPT's press release.

April 25, 2012


Janine Bertram (503) 622-6387
Rachel Siler (312) 479-0220
Marsha Katz (406) 544-9504
Amber Smock This email address is being protected from spambots. You need JavaScript enabled to view it.


Washington, D.C.— On Tuesday, after months of pressure on the U.S. Department of Health and Human Services' (HHS) Medicaid division to release federal regulations for the Community First Choice (CFC) Option, the national grassroots disability rights group ADAPT stormed the HHS headquarters once again by surrounding its doors. This time, the protests yielded the long-awaited result: Cindy Mann, Director of the Center for Medicaid and State Operations announced at 6 pm that she had just that very afternoon submitted the CFC Option regulations in final form to the Federal Register for publishing. The issuance of the regulations brings the possibility of much-needed Federal assistance to states struggling with massive Medicaid cuts.

"After almost two years of working to get the CFC Option in the Affordable Care Act and then waiting for the regulations, ADAPT truly is celebrating this moment," said Bruce Darling of Rochester ADAPT. "We thank Ms. Mann and Henry Claypool, Principal Deputy Administrator of the Administration on Community Living, for working with us to see the regulations come out." The CFC Option is a provision of the Affordable Care Act that would provide Federal matching dollars, plus an extra six percent, to states that amend their Medicaid state plans to provide home and community based services for people with disabilities who meet a certain level of need, determined by each state.

The completion of the regulations marks a high point in a saga of front line battles between advocates in the states and their respective Medicaid administrators. Most states, faced with the prospect of budget cuts in a time of austerity, have not committed to taking advantage of the CFC Option. Some, like Illinois and Montana, have held off on final decisions pending release of the CFC regulations. Others, like New York and California, have moved forward with planning for the CFC Option implementation. In states that have not made such a commitment, Medicaid administrators have met with ferocious grassroots pressure from ADAPT.

HHS itself became the main focus of ADAPT efforts once it was clear that the agency was working on the regulations. The Affordable Care Act provided the deadline of October 1, 2011 for the publication of the CFC rules. Once that date passed, tensions in the disability community ratcheted up as anxiety grew about whether the Administration would hold firm to its commitment to community living and Olmstead implementation for people with disabilities. The release of the regulations and the very recent formation of the Administration on Community Living are both viewed by ADAPT as positive developments.

"We still have a lot of work to do," said Darling. "The release of the regulations means we will now have to work state by state to ensure that every person with a disability has the same access to community living as everyone else. We are not done, but for today this is a major policy and advocacy victory for disability rights."

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