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Title 23: Medicaid, Part 208, Chapter 2 — Home and Community-Based Services (HCBS) Independent Living Waiver (Rules 2.1–2.2, General & Eligibility)

MississippiregulationMississippi Division of Medicaid (jointly operated with the Mississippi Department of Rehabilitation Services)· effective 2025-06-01

What this rule requires your agency to do

  • 1To be eligible, a person must be age sixteen (16) or older, require nursing facility level of care as determined by a comprehensive LTSS assessment, exhibit severe orthopedic and/or neurological impairments rendering them dependent on others/assistive devices/other assistance for ADLs, be able to express ideas and wants verbally or nonverbally with caregivers/PCAs/case managers, and be certified as medically stable by a physician (Rule 2.2.A).(Title 23: Medicaid, Part 208, Chapter 2 — Home and Community-Based Services (HCBS) Independent Living Waiver (Rules 2.1–2.2, General & Eligibility))
  • 2The average cost for a waiver applicant/person must not exceed the average estimated cost for nursing facility level of care approved by CMS for the current waiver year (Rule 2.1.F).(Title 23: Medicaid, Part 208, Chapter 2 — Home and Community-Based Services (HCBS) Independent Living Waiver (Rules 2.1–2.2, General & Eligibility))
  • 3The Division of Medicaid does not cover IL Waiver services to persons in congregate living facilities, institutional settings, on the grounds of or adjacent to institutions, or any other setting that has the effect of isolating persons receiving Medicaid HCBS (Rule 2.1.C).(Title 23: Medicaid, Part 208, Chapter 2 — Home and Community-Based Services (HCBS) Independent Living Waiver (Rules 2.1–2.2, General & Eligibility))
  • 4Waiver participants must reside in a private residence which is fully integrated with opportunities for full access to the greater community and meets the requirements of a Home and Community-Based (HCB) setting (Rule 2.1.B).(Title 23: Medicaid, Part 208, Chapter 2 — Home and Community-Based Services (HCBS) Independent Living Waiver (Rules 2.1–2.2, General & Eligibility))

Applies to: personal care

Establishes the setting, administration, cost-neutrality, and beneficiary eligibility rules for Mississippi's Independent Living Medicaid waiver, under which personal care attendant services are furnished to individuals with severe orthopedic and/or neurological impairments.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.