DOH Asks ALPs to Conduct Self-Assessment for Compliance with Federal HCBS Settings Rule

The Department of Health (DOH) has activated a self-assessment for all assisted living programs (ALPs); including those awarded beds but not yet operational, regarding their current compliance with requirements outlined in the federal home and community based settings rule. By way of background, the federal rule outlines the requirements for home and community services provided under Medicaid waivers; which includes managed long term care (MLTC) in New York. The rule also outlines requirements of the environments in which those services are provided. Since the ALP population and benefit will eventually transition into MLTC, the rule will apply to ALPs.

It is important that members understand that ALPs are not yet required to be in compliance with the rule, and it is expected that some steps may need to be taken to come into compliance. Further, it is expected that some education and guidance will be needed to assist ALPs to come into compliance. The Centers for Medicare and Medicaid Services (CMS) expects New York to be in compliance with the rule by March 2019. This assessment will help DOH and CMS understand the current status of ALPs in relation to the federal rule.

The Dear Administrator letter announcing the self-assessment and providing instructions to access it on the Health Commerce System can be found here. The deadline for submitting the assessment is July 29 by 5:00 p.m.

Both LeadingAge New York and our national partners, LeadingAge, have been following the developments of this rule closely; advocating for member concerns and that of the seniors you serve. It should be noted that there is a good deal of guidance available on the CMS website; however, there are aspects of the guidance that LeadingAge New York continues to seek clarification on. Click here to learn more about our most recent conversation with CMS about these issues.

If you have any questions about the rule, or the self-assessment, members are encouraged to contact us.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828