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NCAL Publishes Primers on HCBS Settings Rule

Lilly Hummel

Since 2014, implementation of the Home and Community Based Services (HCBS) Settings Rule has been underway to meet the extended 2022 deadline. States continue to work with the Centers for Medicare and Medicaid Services (CMS) to have their transition plans approved, assess all HCBS settings for compliance with the rule, and begin to assemble evidentiary packages for CMS heightened scrutiny review.

To support states and providers implementing the rule, NCAL has partnered with Health Management Associates to create four issue briefs that address areas that have been particularly challenging to ensure that assisted living continues as an appropriate home and community based setting. These briefs provide background on each issue, aggregate the available CMS guidance, and provide examples of CMS-approved strategies to comply with the rule from those states with approved transition plans.

The briefs are:

1. Co-location: Community Integration Options and Resident Choice Are Key in Assessment of Co-Located Assisted Living Communities and Inpatient Facilities

2. Ensuring Individual Choice and Privacy

3. Licensure: Resolving Differences Between State Assisted Living Licensure Requirements and HCBS Settings Rule

4. Memory Care: An Effective Person-Centered Planning Process Is Key for Memory Care Units

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