DOH Activates Survey to Assess ACF Compliance with Federal HCBS Rule
(Dec. 10, 2024) As LeadingAge NY had reported in May, the State has to come into compliance with the federal Home and Community-Based Services (HCBS) Settings Rule. We have been anticipating since early this year that the Department of Health (DOH) would be asking adult care facilities (ACFs) and assisted living providers to submit documentation to provide evidence to the Centers for Medicare and Medicaid Services (CMS) that they are in compliance. This effort would involve an online “Drupal survey” which would ask questions and ask providers to upload policies and procedures to demonstrate compliance. A Dear Administrator Letter (DAL) was issued today, Dec. 10th, activating that survey for all ACFs and assisted living providers.
IMPORTANT NOTES:
- While DOH has maintained that all ACF and assisted living settings need to comply with the federal rule, they are taking a more nuanced approach with this survey. All ACF and assisted living providers will have to complete the survey; however, the first question asks if you have any resident who has active Medicaid insurance. Any ACF or assisted living provider with at least one Medicaid-enrolled resident must complete this survey in its entirety. Other providers can answer that first question and then be done with the survey.
- Be advised that you are not able to save and return to this survey. Accordingly, please ensure that you sufficiently plan to complete the survey in one sitting. It will take some time, as it requires the uploading of documents. In the spring, DOH provided this list so that you could begin to compile the needed documentation before beginning the survey. We confirmed with DOH that the list remains salient.
- The deadline for completion by Assisted Living Programs (ALPs) is 14 business days from the date of the DAL. For all other ACFs not licensed as ALPs, the deadline is 21 business days from the date of the DAL.
- A recorded training will be provided by DOH on Dec. 13, 2024 at 12 p.m. Please pre-register here. Questions may be forwarded to DOH at acfhcbs@health.ny.gov. The team will compile questions received between now and Dec. 13, 2024 to cover them during the presentation. Otherwise, responses will be sent via email. The training will help you:
- understand how the HCBS Final Rule impacts ACFs.
- understand the requirement to complete the compliance assessment.
- successfully prepare for timely completion of the compliance assessment.
Click here for more background on this issue.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828