Home and Community-Based Services (HCBS)
Home- and Community-Based Services (HCBS) are types of person-centered care delivered in the home and community. A variety of health and human services can be provided. HCBS programs address the needs of people with functional limitations who need assistance with everyday activities, like getting dressed or bathing. HCBS are often designed to enable people to stay in their homes, rather than moving to a facility for care.
How HCBS Works
What is the Home and Community-Based Services (HCBS) New Rule?
The purpose of the rules is to ensure that individuals receive services in settings that are integrated in and support full access to the greater community. This includes opportunities to seek employment and work in competitive and integrated settings, engage in community life, control personal resources, and receive services to the same degree as individuals who do not receive regional center services. It means that settings need to focus on the nature and quality of individual’s experiences and not just about the buildings where the services are delivered. Individuals have an active role in the development of their plan, the planning process is person-centered, and the plan reflects the individual service and supports and what is important to them.
What Does This Mean To Me?
If you are an individual who receives services, it means that you may have different options to choose from regarding services and service providers. There will be a focus on individuals being involved in the community; for example, shopping, attending church, dining out, employment, etc.
If you are a service provider, it means that you may need to make changes in how you operate in order to meet the new federal rules by modifying policies and program designs, where and how your service is delivered, and providing training to assure that your staff members understand the expectations of the rules.
Regional Center’s Role:
The federal government helps pay for most of the services regional centers provide to individuals with developmental disabilities. In March 2014 new federal rules became effective describing how home and community-based services are provided.
All services in every state must follow the new rules by March 2023. After March 2023, the federal government will not provide funding for services that do not meet the new rules. Assessing all services and settings and making necessary changes takes time. In order to meet the 2023 deadline SCLARC is currently developing plans and strategies with Service Providers and Stakeholders.
In Practice
Heightened Scrutiny Process: The Centers for Medicare and Medicaid Services (CMS) have released updated guidance regarding the heightened scrutiny process for home and community-based services, which can be found on the CMS website.
California drafted a Statewide Transition Plan to describe how it will move forward and ultimately achieve compliance with the new rules. Because the federal rules are new, states are being allowed some time to come into compliance. States have to assess their laws, regulations, policies, and settings where services are provided to see if they are reflective of the new rules. Each state must develop Transition Plans to describe how it will meet the new rules, how it will change the areas that do not comply, and how it will sustain the review process to assure ongoing compliance.
To view California’s current proposed statewide transition plan, please view the Department of Health Care Services webpage. To view all the Statewide Transition Plans, visit the Medicaid website here.
Home and community-based settings are places where individuals with disabilities live and spend their days; for example, licensed community care facilities and other residential settings, work activity programs, and day programs. The new rules explain what these settings should be like.
Resource Links for Further Information
SCLARC’s Journey to HCBS Compliance
During the transition into becoming HCBS Compliant providers were asked to complete self-assessments. The assessments were launched in 2020 along with random virtual assessments followed by validation and remediation process. With the forms provided below providers were asked to determine whether they were in compliance with HCBS Final Rule or if there was a need to remediate existing services.
VAC Peer Support Group training on HCBS
The VAC Peer Support Group/or HCBS Peer Group’s (HCBSPG) objective is to provide support to their peers in need of assistance in implementation with HCBS final rule. HCBSPG will provide support to SCLARC’s vendors through the following:
- Conduct facility visits and document review for SCLARC vendors interested in obtaining peer-reviewed assistance.
- Provide sample forms and documents for vendor.
- Offer support and assistance to vendors with inquiries via email and scheduled appointments.
- Conduct workshops on the application of HCBS final rule requirements on everyday activities. This webinar will compile general “learnings” from the site visits to share with attendees.
LINK TO WEBINAR - Person-Centered Focus zoom/ webinars on “What’s Working/What’s Not”.
LINK TO WEBINAR
Home and Community – Based Services (HCBS) Final Rule: Plan for the Validation and Remediation of Service Providers
- Home and Community-Based Services (HCBS) Final Rule Requirements Residential Provider – Compliance Validation
- Home and Community-Based Services (HCBS) Final Rule Requirements Non-Residential Provider – Remediation Plan
- Home and Community-Based Services (HCBS) Final Rule Requirements Non-Residential Provider – Compliance Validation
- HCBS Validation & Remediation Presentation
- HOME AND COMMUNITY-BASED SERVICES (HCBS) FINAL RULE: PLANS FOR THE VALIDATION AND REMEDIATION OF SERVICE PROVIDERS
- Home and Community-Based Services (HCBS) Final Rule Requirements Residential Provider – Remediation Plan
Get Your Questions Answered
Join SCLARC every third wednesday of the month via zoom to get your questions answered. Details on the SCLARC Calendar.