The federal Centers for Medicare and Medicaid Services (CMS) has released a on July 14, 2020 extending the HCBS New Rule compliance date to March 17, 2023. This letter also includes revised Frequently Asked Questions.
In 2020, the Department of Developmental Services (DDS) began formally assessing identified vendors for compliance with the CMS Final Rule, via vendor self-surveys. Onsite visits will take place through 2021. 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, 2021, may be submitted by the state for review via the Heightened Scrutiny process. Clients at settings that cannot achieve compliance by March 17, 2023 will need to relocate to a compliant setting.
ACRC’s HCBS Specialist, Katherine Weston, is available to consult with vendors and applicants for a review of the HCBS requirements. Please contact Katherine at firstname.lastname@example.org with any questions regarding the implementation of the CMS Final Rule.