LeadingAge NY Provides Recommendations to the State on How to Implement HCBS Federal Rule

LeadingAge NY urged the Department of Health (DOH) to provide the 1115 waiver in New York the same five year phase-in and planning opportunity as the other home and community-based waivers in our comments on the State’s draft transition plan to comply with the federal Home and Community-Based Settings (HCBS) rule. With the input of our cabinets and members, LeadingAge NY developed a comprehensive response to the draft plan from the perspective of each of our member service areas it impacts, along with specific recommendations and questions. Click here to view our comments. The State will review public comment and submit a final plan to the Centers for Medicare and Medicaid Services (CMS) outlining how they will be in compliance with the conditions within five years.

CMS has indicated that the federal rule will eventually apply to 1115 federal waivers, which means that the regulations will ultimately apply to the provision of services provided under contract with Medicaid managed care and Medicaid Managed Long Term Care (MLTC) enrollees in New York.  Elements of the HCBS settings requirements are already incorporated into the current Special Terms and Conditions with govern aspects of the 1115 waiver. Thus, we believe that this rule will have broad implications that are likely to impact nearly every Medicaid-eligible individual in the State, as well as a vast array of service providers, including those that are not Medicaid providers. 

Click here for more background on this issue and its impact on members, and here for CMS documents. DOH also created a HCBS Settings Rule website, which houses resources on the rule including a recorded webinar which provides an overview.

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