Updated Guidance on Home and Community-Based Services Regulation


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Today, the Centers for Medicare & Medicaid Services (CMS) is issuing updated guidance to State Medicaid Directors on implementing activities associated with the home and community-based services (HCBS) regulation. This guidance, issued as a set of frequently asked questions (FAQs), provides clarification on the “heightened scrutiny” process, which allows states to provide evidence to CMS demonstrating that a setting does not have the qualities of an institution but does have the qualities of a home and community-based setting.

In addition to releasing the guidance, CMS will conduct an HCBS Settings Heightened Scrutiny FAQ training session on Thursday, March 28th at 1:30 PM Eastern Time. The training will provide participants with an overview of CMS’s approach to conducting heightened scrutiny reviews of presumptively institutional settings, as described in our recently released guidance. Topics will include identification of settings that isolate beneficiaries receiving HCBS, information on presumptively institutional settings to release for stakeholder input and to submit to CMS, and how CMS will review information on specific settings. Individuals from the Disabled and Elderly Health Programs Group, including the Division of Long Term Services & Supports will present the training.

Please register to attend this training.