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Capitol Correspondence - 02.25.20

New Resource: Technical Brief on Heightened Scrutiny Requirement in HCBS Settings Rule

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As a follow-up to this previous story, we are sharing this technical brief by the Community Living Center at Brandeis University on the heightened scrutiny requirement within the Home and Community Based Supports (HCBS) Settings Rule. The brief was written with assistance from the HCBS Advocacy Coalition, of which ANCOR is a member. As a refresher, the HBCS Settings Rule regulates Medicaid-funded supports provided in the community that help people with disabilities live life like everyone else. The disability community has had many questions about the implementation of the rule, which the technical brief seeks to further address.

The technical brief includes a suggested timeline for complying with the HCBS Settings rule and recommendations / best practices on the following issues:

  • Reconciling requirements in the Health Insurance Portability and Accountability Act (HIPAA) and the public comment process for settings that isolate.
  • The public comment process on settings that isolate.
  • On-going monitoring.
  • State evaluations.
  • Evaluating administrative relationships between multiple providers.
  • Evaluating the right of residents to control their own schedule and have access to the community.
  • Evaluating community integration within a setting.
  • Opportunities for competitive integrated settings.
  • Evaluating a setting’s ability to facilitate individual choice regarding services and who provides them.
  • Compliance with the individualized process for the use of restrictive interventions and modifications to the provider-owned and controlled residential settings conditions.
  • Evaluating the right to visitors at any time and privacy in one’s own unit.
  • Evaluating access to public transportation.