HCBS Update
NYSCAL had a call with DOH last week to obtain detail on the HCBS rule. The following information was provided.
The DALs that are pertinent to HCBS are:
21-12
22-17
22-26
Throughout the years, the DOH has consistently added to the DALs without making alterations to the original content.
The following are the regulations that have been changed over the years, pertain to HCBS, and should be focused on:
485.14
486.5
487.5
487.7
487.11
488.5
488.7
488.11
490.5
490.7
490.11
DOES HCBS APPLY TO YOU?
HCBS currently applies to Medicaid recipients and is expected to extend to Medicare recipients in the near future. DOH recommends that all AL communities familiarize themselves with HCBS regulations, as there are plans to make it a mandatory requirement for everyone in the near future. Please note that communities who are strictly private pay are not obligated to adhere to HCBS at this time.
One of the examples provided where HCBS could become applicable to you: If a resident in a private pay community transitions to Medicaid eligibility, the community would then be obligated to comply with HCBS regulations.
DOH priorities for HCBS at the top of 2024:
- Heightened scrutiny communities- getting them all in compliance
- ALPs and HCBS
- Anyone who has Medicaid and lives in an ACF
- Anyone who could potentially have Medicaid
Again, the DOH is urging facilities that do not receive Medicaid payments to prioritize Patient-Centered Care and stay informed about HCBS regulations, as their applicability may arise unexpectedly. DOH is continuing to work on education and the education will be broken down to address all areas.
NYSHFA | NYSCAL CONTACTS:
Christina Audi, MHA, LNHA
Executive Director, NYSCAL
caudi@nyshfa-nyscal.org
518-462-4800 x 13
Kristin A. DeVries, MA, MPP
Director of Government Relations
kdevries@nyshfa-nyscal.org
518-426-4800 x 14
