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Capitol Correspondence - 02.14.23

CMS Publishes State Corrective Action Plans Relating to HCBS Settings Rule Compliance

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The Centers for Medicare and Medicaid Services (CMS) has been working with states to ensure compliance with the federal Home and Community Based Services (HCBS) Settings Rule (Settings Rule) by the deadline of March 2023. CMS has been encouraging states to submit corrective action plans where those states need additional time to comply with staff-dependent provisions of the Settings Rule impacted by the direct support workforce crisis.

Now, CMS has begun publishing states’ corrective action plans (CAPs). To date, approximately 40 states have requested approval for a CAP. State CAP requests range from detailed action steps with timelines for compliance to very general open-ended requests for delays. ANCOR will continue to dig into the state CAPs and identify trends to inform our ongoing work with CMS to ensure the workforce crisis is at the forefront of the Settings Rule compliance process.

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The California state capitol building