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CMS/HCBS Final Rule

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Home and Community Based Services

Extension of Transition Period for Compliance with Home and Community-Based Settings Criteria to March 2022

 

In recognition of the significance of the reform efforts underway, CMS intends to continue to work with states on their transition plans for settings that were operating before March 17, 2014 to enable states to achieve compliance with the settings criteria beyond 2019.

Consistent with the preamble language, states should continue progress in assessing existing operations and identifying milestones for compliance that result in final Statewide Transition Plan approval by March 17, 2019. However, in light of the difficult and complex nature of this task, we will extend the transition period for states to demonstrate compliance with the home and community-based settings criteria until March 17, 2022 for settings in which a transition period applies. We anticipate that this additional three years will be helpful to states to ensure compliance activities are collaborative, transparent and timely.

To read more about this extension, please click here


**NEW** DDS Announcement regarding CMS Compliance Funding

In an April 25, 2017 memo, DDS announced the provider concepts/proposals that were selected for CMS Compliance funding. For fiscal year 2016-17, the California legislature allocated $15 million for service providers to make changes to their services in order to meet the requirements of the federal Centers for Medicare and Medicaid (CMS)  Home and Community Based Services (HCBS) final regulations, or rules. DDS received close to 900 proposals and ultimately awarded funding to 108 concepts. Of the 71 proposals submitted by SG/PRC vendors, 6 concepts were selected for funding.

For more information, please click the following:


HCBS Regulations - Provider Funding for Compliance (UPDATE)

On August 3, 2016, the Department sent the attached information regarding the process for requesting funding to assist providers in making changes to meet the federal Home and Community-Based Services (HCBS) settings requirements.  To allow more time for the development and completion of these proposals, the Department is extending the deadline, until October 31, 2016, for service providers to submit proposals to regional centers. For more information, click here


Statewide Transition Plan For Compliance with CMS/HCBS Final Rule

The California Department of Health Care Services (DHCS) is developing a revised Statewide Transition Plan (STP) that will be submitted to the Centers for Medicare & Medicaid Services (CMS) in October 2016.  The STP describes how the State will come into compliance with new Federal Home and Community-Based (HCB) Settings Final Rule....Click here for more information 

 


TRAINING OPPORTUNITY FOR SERVICE PROVIDERS ON "Understanding the CMS Final Rule & the Next Steps for Moving Forward".

A One-Day Workshop Presented by Laura Brackin, Ph.D., Chief Executive Officer, Brackin & Associates on Friday, September 23, 2016 (9:00 a.m. to 3:00 p.m.) Click here for flyer/registration form.

 


Notice of Provider Funding for Compliance with Home and Community Based Services (HCBS) Regulations

In January 2014, the federal Centers for Medicare and Medicaid Services (CMS) announced some changes to their rules. CMS is the federal agency that must approve of the Medicaid waiver program that provides home and community based services (HCBS) to people with developmental disabilities in California. CMS pays for approximately half of the cost of services provided in these waiver programs. To keep receiving these federal funds, California has to follow their rules. Click here to read full notice


 

SG/PRC Program Evaluator - New CMS Resource

As you may be aware, there have been significant changes enacted at the federal level which have an impact on how services are to be delivered in California. In January 2014 the Centers for Medicare and Medicaid Services (CMS) adopted new regulations. These regulations, which are often referred to as the Home and Community Based Services (HCBS) Final Rule, must be fully implemented by March 2019, in order for California to continue to receive federal funds for the services that you provide.

 Among some of the expectations, of the final rule, is for clients to be afforded the same opportunities for community integration as any other member of society. Clients must be able to pursue competitive integrated employment. If living in a licensed setting, they will have the choice to have a private bedroom and to lock their room and have a key. Clients in licensed residential homes also need to be afforded the same protections through a residential lease as any other member in the community. Clients will be allowed to have visitors at anytime and leave and return to their home as they wish. Also the person centered plan must reflect the needs and desires of the client and be directed first and foremost by the client. Click here to read more about this new resource for Service Providers 


 

CMS/HCBS Overview

 Background: In January 2014, the deferral Centers for Medicare and Medicaid Services (CMS) published final rules defining what constitutes a home and community-based setting for Medicaid reimbursement purposes under Section 1915 (c) Home and Community-Based Services (HCBS) waivers, Section 1915(i) HCBS State Plan programs, and Section 1915(K) Community First Choice State Plan Options.  The effective date of the regulations is March 17, 2014.

CMS spent several years developing the final regulations through its rule making process, compiling and analyzing numerous comments from consumers, advocates, provider, state and local government agencies and the public.  The final regulations provide guidance about the qualities that make a setting home and community-based, rather than focusing on what settings are institutional in nature.  Click here to read complete CMS/HCBS Overview