REGULATION | AUGUST 14, 2017 | BY PETER NOTARSTEFANO
Approval is granted because these states completed their systemic assessment, included the outcomes of this assessment in the STP, clearly outlined remediation strategies to rectify issues that the systemic assessment uncovered, such as legislative changes and changes to contracts, and is actively working on those remediation strategies. On a August 15th call, Melissa Harris and George Failla from CMS said that they hope to gace the remaining states receive initial approval within the next 6 months. They also reported they are working on guidance for states to use on the heightened scrutiny processs, which continues to be a challenge for many states. If a provider fits the criteria related to location and sites that isolate, then the state was determine if they meet the requirements in the HCBS settings rule, and submit their findings on the provider to CMS for review. If an adult day or assisted living provider was not a provider on or before March 17, 2014, then the state can use the heightened scrutiny process to determine is they are in compliance with the rule as long as there are residents/participants being served in the setting. The residents/participants do not have to be receiving the services through Medicaid. Melissa Harris said the state has the ultimate decision on determining if a specific provider is acepted or rejected under heightened scrutiny, and the recommendation being sent to CMS. CMS is willing to schedule a call with providers/developers and state officials to review the criteria to be in compliance with the rule. Melissa Harris also stated that they plan on releasing additional guidance on non-residential settings, and that the challenge is that day programs serve a younger population that may need employment training and an older population that benefits from socialization and some medical services. They all were pleased about the deadline for completion being extended to March 17, 2022. Read more…