CMS HCBS Final Rule

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HCBS Virtual Site Assessment Informational Webinars to be Held on April 6 and 7, 2021

Background
The Home and Community-Based Services (HCBS) Final Rule ensures individuals have full access to the benefits of community living and the opportunity to receive services in the most integrated setting appropriate. The rule applies to services provided to individuals with developmental disabilities through California’s regional center system.

The California Statewide Transition Plan (Plan) outlines the state’s plan to be in compliance with the HCBS Final Rule. The provider self-assessment survey for residential and non-residential programs measured a provider’s current level of compliance with the HCBS Final Rule. Statewide compliance reporting data as of September 01, 2020, can be found on the HCBS Final Rule Assessment Information page. Despite hardships presented by multiple states of emergencies in California throughout the last year, the provider self-assessment survey reflected 80% completion rate through the efforts of providers and regional center staff.

Virtual Site Assessment
The next step outlined in the plan is on-site assessment. The Department of Developmental Services (DDS) contracted with Public Consulting Group (PCG) to conduct on-site assessments of a randomized, statistically valid sample of 1,200 HCBS providers among all 21 regional centers. Due to COVID-19 State of Emergency, on-site assessments will be conducted virtually to ensure the safety and well-being of everyone involved in the process.

DDS will hold two, one-hour webinars to review the virtual site assessment process and answer questions from regional centers and providers. The webinars will be held:

  • Tuesday, April 6, 2021, from 3:00 p.m. – 4:00 p.m.
  • Wednesday, April 7, 2021, from 11:00 a.m. – 12:00 p.m.

To register for either of the webinars, follow the instructions found at https://www.dds.ca.gov/initiatives/cms-hcbs-regulations/assessment-information/.

For more information about the Virtual Site Assessment, please see the document links below:

View the HCBS Virtual Assessment Notification Letter

View the Virtual Site Assessment Provider Letter

View the Virtual Site Assessment FAQs

HCBS Provider Funding for Compliance Activities FY 2020-21

DDS has issued the HCBS Funding Letter and Funding Guidelines for FY 2020-21. 

The FY 2020-21 budget includes $15 million to fund changes to help service providers take steps needed to offer services to meet the HCBS rules by March 2023.

Please see the links below for more information.

>> DDS HCBS funding letter FY 20-21

>> HCBS Funding Guidelines FY 20-21

>> HCBS Funding FY 20-21 Attachment C (When you click to open Attachment C, you might see an error message. Click "OK" in the first box and "Yes" in the second box to open the document.)

>> HCBS Funding FY 20-21 Budget Template

 

DDS HCBS Final Rule Compliance Report

>> View the report

 

HCBS Provider Self-Assessment List of Service Codes

A list of service codes that are required to adhere to the CMS HCBS Final Rule are available on the link below. In preparation, providers should fill out a self-assessment for each vendored program.

>> View the Provider Assessment List of Services

 

HCBS Provider Compliance Funding Guidelines for FY 2019-2020

The Department of Developmental Services’ issued Fiscal Year 2019-20 HCBS Provider Compliance Funding Guidelines for service providers who wish to apply for funding.

The Department is still reviewing the submitted concepts. Vendors who submitted concepts for 2019/2020 HCBS funding will receive notification from NLACRC as soon as the Department provides names of the selected concepts.

We encourage service providers in need of taking steps towards modifying their services to come into compliance with the HCBS rules by March 2022, to apply.

Service providers, please note the following service codes are required to meet HCBS final rule:

Home and Community-Based Services (HCBS) Rules SETTINGS/SERVICES IDENTIFIED IN THE STATEWIDE TRANSITION PLAN

  • Activity Center
  • Adult Day Care Center
  • Adult Day Care Facility
  • Adult Day Program
  • Adult Day Support Center
  • Adult Development Center 
  • Adult Family Home 
  • Adult Residential Facility
  •  Adult Residential Facility for Persons with Special Health Care Needs
  • Behavior Management Program 
  • Certified Family Home 
  • Child Day Care Center
  • Child Day Care Facility
  • Community Activities Support Service
  • Community Integration Training Program
  • Community-Based Training Provider
  • Family Child Care Home
  • Family Teaching Home
 
  • Foster Family Home
  • Group Home
  • Residential Care Facility for the Elderly
  • Small Family Home
  • Socialization Training Program
  • Supported Employment (Group Services)
  • Work Activity Program
 

 

 

What is the CMS HCBS Final Rule?

On March 14, 2014, the federal Centers for Medicare & Medicaid Services (CMS) set forth The Final Rule (requirements) for homes and programs where Home and Community-Based Services (HCBS) are delivered.  Vendors must meet this criteria in order to qualify for federal funding under the Medicaid program (called “Medi-Cal” in California) ¹. NLACRC is devoted to assisting our vendors in meeting the rules. Our goal is to provide technical assistance to vendors in order to obtain compliance by 2022.

The California Department of Developmental Services has collaborated with Public Consulting Group (PCG) to offer training opportunities on the Home and Community Based Services settings Final Rule.

The Department of Developmental Services, Public Consulting Group and Support Development Associates worked in partnership to create a training series on the HCBS Final Rule. A recording of the first training can be viewed through the link below:

Overview of the HCBS Settings Final Rule https://www.youtube.com/watch?v=azBUcK8zRzo&feature=youtu.be

View the Department of Developmental Services (DDS) Federal HCBS Final Rule Trainings flyer

Links to additional resources from DDS and CMS for more details on the Final Rule:

General HCBS DDS website

Frequently Asked Questions (FAQs)

 

DDS Contact Information:

The Department welcomes comments or questions by e-mail to HCBSregs@dds.ca.gov, or by mail to:

Department of Developmental Services
Community Services Division
1600 9th Street, Room 320
Sacramento, CA 95814

Medicaid.gov (CMS/HCBS Website)

 

For any questions/concerns, please contact HCBS Specialist Sonja Chapman at schapman@nlacrc.org or 818-534-5034.

 

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