What is the Home & Community Based Services (HCBS) Final Rule?
The Lanterman Act and the HCBS Final Rule require that the services and supports funded by Redwood Coast Regional Center promote individual choice, independence, and inclusion. The HCBS Final Rule is the Federal mandate from the Centers for Medicare & Medicaid Services (CMS) that requires that all federally funded services provided to people with developmental disabilities, shall respect individual choice, promote independence, and increase access to community inclusion.
CMS has given all states until March 17, 2022 to ensure full compliance with HCBS Final Rule.
HCBS Final Rule Criteria for all service settings are as follows:
Integrated (inclusion): in and supports full access to the community.
- Is selected by the individual from among settings options;
- Optimizes autonomy and independence in making life choices; and
- Facilities choice regarding services and who provides them.
- Freedom to plan your life and make decisions just like people without disabilites are able to do.
- Authority & Responsibility you make decisions in your life and to accept your valued role in the community.
- Support you pick the people and supports that help you live, work, and play in your community.
- Confirmation you are the most important person when making plans for your life.You are the decision maker about your services.
HCBS Final Rule Compliance Information - RCRC as of August 31st, 2020
In accordance with Welfare and Institutions Code section 4519.2(b), the RCRC Home and Community-Based Services (HCBS) Final Rule compliance information as of 8/31/2020 is available here. This information will be updated no less frequently than every six months. The last date for completion of provider self-assessments was August 31, 2020, as established in the Department of Developmental Services' June 8,2020, extension directive, and noted in subsequent extension diretives.
RCRC will continue to work with DDS to ensure all vendors not already assessed for compliance, to be assessed for compliance with the HCBS Final Rule. RCRC will also begin working with all vendors identifed as not in alignment with HCBS Final Rule to develop transistion plans to come into compliance by March 17, 2023.
If you have any questions related to the HCBS Final Rule, or that data identified in the document above, please contact:
CMS Waiver & Employment Specialist Manager
707-445-0893 ext. 348
Additional Requirements for provider owned/controlled residential settings:
Person has an admission agreement, lease, or other legally enforceable agreement providing similiar protections;
Person has privacy in their room (unit):
- Lockable doors
- Choice of roommates
- Freedom to furnish or decorate
- Person controls his/her own schedule including access to food at any time;
- Person can have visitors at any time; and
- Setting is physically accessible
CMS Tools for HCBS: See what CMS (Centers for Medicare & Medicaid Services) is saying about the Home & Community Based Services (HCBS) Final Rule:
- CMS Webinar Powerpoint - FAQ HCBS Implementation: Guidance on Heightened Scrutiny
- CMS Letter 3/22/2019 -FAQ Guidance to State Medicaid Directors
- FAQs Concerning Medicaid Beneficiaries in HCBS who Exhibit Unsafe Wandering or Exit-Seeking Behavior 12/15/2016
- Guidance on Settings that have the Effect of isolating individuals receiving HCBS From the Broader Community
- HCBS Final Regulations 42 CFR Part 441: Q & A Re: HCBS Public Notice & Comments
- Regulatory Requirements for HCBS Settings
- Incorporation of Heightened Scrutiny in the Standard Waiver Process-Flow Chart
- Steps to Compliance for HCBS Settings Requirements in a 1915(c) Waiver and 1915(i) SPA
- CMS Letter of Initial Approval for California Statewide Transition Plan (2/23/2018)
- CMS Statewide Transition Plan Toolkit for Alignment with HCBS Final Regulations Setting Requirements (9/5/2014)
- HCBS Settings Requirements (6/26/2015)
- Extension of Transition Period for Compliance with HCBS - CMS Letter to States (5/9/2017)
DDS Tool for HCBS: See what DDS (California Department of Developmental Services) is saying about the HSBS Final Rule: https://www.dds.ca.gov/hcbs/
- DDS Letter Overview of the Federal Requirements for Home & Community-Based Settings (1/16/2015)
- DDS HCBS Bulletin for Clients and Families
RCRC Tools for HCBS:
- HCBS Provider Orientations - RCRC offered provider orientations throughout our 4 counties in August. Here is it: HCBS Provider Orientation used during the provider orientations.
- Non-Residential HCBS Provider Self-Survey
- Residential HCBS Provider Self-Survey
- CQL - ToolKit for States
- HCBS Supporter Guide
- HCBS Settings Rule - What you should know!
- CQL - Powerpoint - Organizational Change
- Home and Community Based Settings Regulation