HCBS Setting Rule Update: CMS Issues Heightened Scrutiny Determinations in Six States, Sharing “Summary of Findings”

The Centers for Medicare and Medicaid Services (CMS) sent letters to Medicaid directors in Montana, Nevada, New Hampshire, North Dakota, Ohio, and Oregon, sharing the results of CMS’ review of questions the states asked about whether specific situations do or do not overcome “institutional presumption” under the Home and Community Based Services (HCBS) Settings Rule. Ohio also received a second letter specific to Consumer Support Services. Each letter includes CMS’ summary of findings for the examples given. This is in addition to the recently issued guidance on this rule. As a refresher, the HCBS Settings Rule regulates Medicaid-funded supports provided in the community that help people with disabilities live life like everyone else. ANCOR has been closely following and working on the rule given its importance to our membership, who provide these supports.

Readers interested in learning more may benefit from ANCOR’s webinar sharing our read-out of the guidance and the insider story to its development. While members can access the recording for free, there is a $79 fee for non-members seeking to purchase a recording of the webinar.