REQUIRED: Adult Foster Care Residential Agreement Checklist

Date: 11/15/24

The Centers for Medicare & Medicaid Services (CMS) issued federal regulations for settings where Medicaid Home and Community-Based Services (HCBS) are provided. These regulations are referred to as the HCBS Settings Rule and apply to the STAR+PLUS HCBS program. The HCBS Settings Rule requires states to ensure STAR+PLUS HCBS settings support an individual’s full access to the community. This includes opportunities to engage in community life, work in competitive integrated settings, and control personal resources.

STAR+PLUS Adult Foster Care (AFC) providers must meet HCBS Settings Rule requirements that apply to all settings, as well as additional requirements that are applicable to provider owned or controlled settings. Under these additional requirements, all HCBS recipients residing in an AFC must have a residential agreement with their STAR+PLUS AFC provider that offers the same protections against eviction that tenants have under state landlord/tenant law.

Providers should note the following:

• The residential agreement requirement does not apply to an AFC setting in which the STAR+PLUS AFC service provider is an immediate family member of all individuals receiving AFC services in the setting.
  • The Texas Health and Human Services Commission’s Information Letter 2023-15 Provider owned or controlled residential Host Home/Companion Care settings (PDF), describes an “immediate family member” to be a person's husband or wife; natural or adoptive parent; child or sibling; stepparent, stepchild, stepbrother, or stepsister; father, mother, daughter, son, brother, or sister-in-law; grandparent or grandchild; or spouse of a grandparent or grandchild.
• Superior HealthPlan reached out to each contracted STAR+PLUS AFC provider to verify that the residential agreement is in place. If you have not been contacted by your Account Manager, please contact them as soon as possible.
• Providers that do not have a residential agreement with residents must develop and implement a written lease agreement with each of the Superior’s members receiving HCBS in a STAR+PLUS AFC setting.
  • Superior will provide contracted STAR+PLUS AFC providers with a copy of the residential agreement checklist if needed.
  • Providers who need assistance on how to create a residential agreement may also contact Superior.

The deadline for STAR+PLUS AFC providers to provide residential agreements to Superior is Friday, November 22, 2024, at 5 p.m.

For questions, please contact your local Account Manager. To access their contact information visit Find My Account Manager.