LeadingAge NY Submits Comments on ACF HCBS Heightened Scrutiny Evidence Packets
(Aug. 13, 2024) On Aug. 9th, LeadingAge NY submitted this response to HCBS Heightened Scrutiny Evidence Packets for Adult Care Facilities. As we previously reported, the federal home and community based settings (HCBS) rule requires a “heightened scrutiny” review of certain facilities that are presumed to exhibit “institutional” characteristics due to their location or other factors. Several LeadingAge NY members were subjected to the Heightened Scrutiny Process. The Packets were posted for a 30 day period, which concluded on Aug. 9th, to allow the public to comment.
As we anticipated, the Evidence Packets demonstrate that our members’ ACF and assisted living settings support individuals' complete access to the greater community, ensure individual rights, and promote individual autonomy. The packets indicate that DOH believes these settings have overcome the presumption that the setting is operated in a way that is institutional in nature, and our comments echo that conclusion.
We did note, however, that many settings were subject to this process that didn’t actually meet the regulatory definition for Heightened Scrutiny. In our letter, we flag these issues for DOH and the Centers for Medicare and Medicaid Services (CMS) and ask that they correct them for the record. We also note the detrimental impacts of broadening the intent of the rule, including the chilling effect it could have on the development of new offerings that are preferred and sought out by consumers.
DOH will be collecting all public input to share with CMS to make a final determination. LeadingAge NY will keep members apprised of any developments with this process.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828