This fall, the Department of Developmental Services (DDS) will begin formally assessing identified vendors for compliance with the CMS Final Rule, through a combination of vendor self-surveys as well as onsite visits. Any Setting that has the effect of isolating clients from the broader community (limited opportunities for interaction with the broader community, restriction of choice or activities outside of the setting, physically located apart from the broader community, etc,) will be presumed to have the qualities of an institution. Settings that can overcome the isolating nature of their services may be able to reach compliance, but if they are not able to do so by July 1, 2020, will be submitted by the state for review via the Heightened Scrutiny process. Clients at settings that cannot achieve compliance by March 17, 2022 will need to relocate to a compliant setting.
This recently released by the Center for Medicare and Medicaid Services (CMS). This serves as guidance on the Heightened Scrutiny process for assessing vendor compliance with the CMS Final Rule, and includes promising practices for provider consideration. Please read it and familiarize yourself with the process.
ACRC’s HCBS Specialist, Katherine Weston, is available to visit vendor sites for a review of the draft of the survey tool. Please contact Katherina at firstname.lastname@example.org with any questions about this process, as well as any other questions regarding the implementation of the CMS Final Rule.