Thursday, Sep 10, 2026 The claims desk. Receipts included. POWERED BY LENZ ↗
IsThis

No HHS memorandum has been identified authorizing states to reduce Medicaid HCBS.

The Claim

A memorandum issued by the U.S. Department of Health and Human Services states that U.S. states may reduce Medicaid home- and community-based services (HCBS) for people with disabilities.

Verified by Lenz ·

The Short Version

No identified HHS memorandum says states may reduce Medicaid HCBS for people with disabilities. Federal HHS/CMS documents in the evidence set concern HCBS compliance, access, and implementation, not permission to cut services. The claim appears to confuse general Medicaid flexibility over optional benefits—and possibly a separate DOJ memo—with the contents of an HHS memorandum.

Caveats

  • States do have some discretion over optional Medicaid HCBS, but that does not prove an HHS memorandum explicitly said so.
  • The claim likely misattributes a separate Justice Department memo to HHS.
  • General commentary about possible Medicaid cuts is not evidence of the contents of a specific federal memorandum.

The Receipts

  1. Home & Community-Based Services 1915(c)

    Medicaid.gov

  2. SMD # 19-001 RE: Home and Community-Based Settings Regulation

    Centers for Medicare & Medicaid Services (CMS)

  3. Home & Community Based Services Final Regulation

    Medicaid.gov (U.S. Centers for Medicare & Medicaid Services)

  4. CMS Issues New Guidance on State Implementation of Home and Community-Based Services Regulation

    Centers for Medicare & Medicaid Services (CMS)

  5. Understanding Medicaid Home and Community Services

    U.S. Department of Health and Human Services, ASPE

  6. Medicaid Program; State Plan Home and Community-Based Services, 5-Year Period for Waivers, Provider Payment Reassignment, and Home and Community-Based Setting Requirements for Community First Choice

    Federal Register

  7. Legislative Proposals to Increase Medicaid Access and Improve Program Integrity

    U.S. Department of Health and Human Services

  8. Ensuring Access to Medicaid Services Final Rule (CMS-2442-F)

    Centers for Medicare & Medicaid Services (CMS)

  9. Home & Community Based Services Guidance & Additional Resources

    Medicaid.gov

  10. Senator Schmitt's Historic Provision to Expand Medicaid Services for Americans with Disabilities Signed into Law

    U.S. Senate Office of Senator Eric Schmitt

+ 21 more sources — see the full list on Lenz

Filed Under

Home- And Community-Based ServicesMedicaidPeople With DisabilitiesU.S. Department Of Health And Human Services

More Fact Checks