Capitol Correspondence - 06.07.22

Letter Sent to Director Tsai on HCBS Settings Rule

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ANCOR sent a letter to Daniel Tsai, Deputy Administrator and Director of the Center for Medicaid and CHIP services at the Center for Medicare and Medicaid Services (CMS), thanking him and other CMS leaders for their approach in responding to the impact of the direct care workforce crisis on the compliance deadline for the HCBS Settings Rule. 

CMS has indicated that it will authorize corrective action plans to continue federal reimbursement of the HCBS program beyond the end of the transition period, if states need additional time to ensure full provider compliance with staff-dependent provisions of the Settings Rule. Such provisions include, for example, access to the broader community, opportunities for employment, options for a private unit or choice of a roommate, and choice of non-disability specific settings.