Home and Community-Based Services (HCBS) Settings Regulation Update 

On January 27, 2022 the Centers for Medicare & Medicaid (CMS) and the Administration for Community Living (ACL) conducted a webinar to provide updates regarding the implementation of the HCBS settings regulations.  A follow-up webinar was hosted by CMS on March 9th, 2022.  In both technical assistance webinars, CMS and ACL reviewed high-level HCBS criteria with which states need to ensure compliance by March 17, 2023.

HCBS Settings Compliance Timelines 

The HCBS settings transition period ends on March 17, 2023. To achieve final compliance, demonstration of the below five elements are required by the end of the transition period:

  • Summary of completed site-specific assessments of all settings serving Medicaid-funded HCBS. Site-specific assessments may include provider self-assessments, on-site or virtual assessments conducted by state personnel, or individual surveys and interviews.
  • Description of draft remediation strategies and corresponding timelines for resolving all issues.
  • Details regarding identification of settings presumed to have institutional characteristics. This includes the submission of all necessary information to CMS for review under heightened scrutiny. Heightened scrutiny for these settings will only apply if the state has determined the setting does or will comply with regulatory criteria by the end of the transition period.
  • A description of the process for communicating with beneficiaries who are receiving services in settings which the state has determined cannot or will not meet compliance with settings criteria by March 17, 2023.
  • A description of ongoing monitoring and quality assurances to ensure continued compliance for settings providing Medicaid-funded HCBS.

How We Can Help 

Myers and Stauffer is actively assisting a number of states with implementation of spending plans and providing additional technical assistance related to compliance with the HCBS settings rule. With a team of dedicated professionals with experience in HCBS programs, Myers and Stauffer is poised to offer additional supports to State teams as they work towards compliance due on March 17, 2023, while leveraging unprecedented federal support for HCBS programming.

For more information about how we can help and what we can do for you, visit our HCBS page

Contact the Contributors:

Catherine Sreckovich
Jacquelyn George, MPH, CPH
Health Care Manager