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LeadingAge NY and NYSADSA Comment on SADC HCBS Rule Posting

(May 21, 2024) LeadingAge NY and the NYS Adult Day Services Association (NYSADSA) provided public comment last week on specific social adult day care (SADC) evidence packages the Department of Health (DOH) posted related to compliance with the federal Home and Community-Based Services (HCBS) Settings Rule. The evidence packages relate to specific SADC remediation requirements programs likely have already completed per the State’s remediation process. As members may know, the HCBS Rule requires HCBS Medicaid providers to undergo heightened scrutiny from the State and the Centers for Medicare and Medicaid Services (CMS) if they are co-located with a nursing home or similar inpatient facility. The Rule also requires person-centered service planning and community integration of Medicaid beneficiaries receiving care.

LeadingAge NY and NYSADSA commented on exemplary programs under review. We also questioned why several programs were assessed and remediated despite their lack of Medicaid beneficiaries. Additional comment was provided requesting that DOH require the sharing of overarching care plans with HCBS providers. Further, we asked for sharing of clarifications on HCBS Rule requirements related to community integration, participant control of financial resources, employment and volunteer facilitation, and freedom of participants to come and go from program.

Our comments are available here. Members should feel free to reach out with questions and comments.

Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871