Compliance date for HCBS Settings Rule Extended to 2022

Regulation | February 02, 2018 | by

CMS released a public notice on May 9, 2017, announcing that the deadline for states to be in compliance with the HCBS rule standards will be extended from March 17, 2019, to March 17, 2022.

LeadingAge is pleased to hear that CMS has responded to concerns addressed by the states and stakeholder groups, such as LeadingAge by extending the compliance date.

However, we continue to emphasize the need for more practical guidance from CMS so states and other stakeholders can implement the regulatory provisions in a manner compliant with program requirements, without producing unintended consequences that will reduce the number of Assisted Living and Adult Day Centers providing Medicaid HCBS, as well as the service options available for older adults and persons with disabilities. 

In their public notice, CMS said, “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.”

CMS in their public notice stated that they remain committed to providing technical assistance to states and other stakeholders in understanding regulatory provisions and developing implementation approaches that maximize the provision of Medicaid services in a manner compliant with program requirements. To date, only 27 states received initial approval of their State Transition plans for HCBS settings rule requirements. LeadingAge plans to continue our dialogue on this issue with CMS.