CMS Plans Site Visits to Assess HCBS Settings Rule Compliance

Posted on May 10, 2022 by Bobbie Guidry

The Minnesota Department of Human Services (DHS) has been notified by The Centers for Medicare & Medicaid Services (CMS) of their plans to conduct site visits of several provider settings this summer to review their compliance with the Home and Community-Based Services (HCBS) Settings Rule. Site visits will occur the week of July 25.

CMS will choose settings from the list DHS submitted for heightened scrutiny. As CMS identifies settings, DHS staff will reach out to assist in preparing for the visit. CMS will visit six locations and select a mix of residential and non-residential settings. CMS has stated that their site visits to the chosen settings will include observations and interviews with direct support staff and people receiving services. Regulators will be assessing whether the location demonstrates the HCBS characteristics outlined in the rule.

According to DHS, “this is a great opportunity for Minnesota providers to showcase Minnesota’s extensive work to implement the HCBS settings rule, and the excellent work that providers are doing to implement the HCBS settings requirements.”

Whether or not selected for a site visit, if you are a provider of Home and Community Based Services, including assisted living (customized living enrolled providers) and adult day services, who receives any payments through the HCBS Waiver programs, review your provider attestation which demonstrates your compliance with the Settings Rule requirements.

The HCBS Settings Rule became effective March 17, 2014, with transition activities underway. Due to COVID-related delays, the date now in place for full compliance is March 17, 2023.

The full announcement from DHS also includes new Home and Community-Based Settings Rule implementation guidance and additional resources for providers. For more information, see the complete announcement at Updates on the HCBS Settings Rule transition.