Service Providers

HCBS Final Rule

What is HCBS?

Fact Sheets For Clients, Families, and Service Providers: Home and Community-Based Services (HCBS) Final Rule: Department of Developmental Services
Click here

States have until March 17, 2022, to implement the requirements for home and community-based settings in accordance with CMS-approved plans. An informational bulletin was released on May 9, 2017, indicating that the transition period for compliance with home and community-based settings criteria has been extended by three years until March 17, 2022. More Info

Service Providers Required to Complete a Self-Assessment

The California Statewide Transition Plan (STP) outlines the steps the State will take to be in alignment with the HCBS Final Rule. The first step is to review and evaluate current services, including both non-residential and residential programs.

Providers of some regional center services (see below) will soon be required to complete a self-assessment to measure their current level of compliance with the HCBS Final Rule, offering a framework for assisting providers with the necessary steps to align their services with the federal requirements. If a provider is not in compliance with all the requirements, there is time to develop a transition plan so the provider can achieve compliance by March 2022, the date by which states have to implement the federal requirements.

The self-assessment will be available through an online platform developed by a contracted company, OIG Compliance Now. Both providers and regional centers will have access to the online platform by January 27, 2020. A unique login will be provided to regional center administrators and vendored providers via email from OIG Compliance Now. Although training will be offered on how to complete the self-assessment, providers can begin the assessment upon receiving their login information. If a provider does not receive an email with their login information, they should contact their vendoring regional center.

Providers will have until March 31, 2020, to complete the self-assessment for each of their vendored services. Providers of any of the services listed below, that are designed specifically for groups of individuals with developmental disabilities are required to complete a self-assessment.

Providers vendored with a regional center to provide any of the following services are required to complete a self assessment.

  • Residential 096 Geriatric Facility (Residential Care Facility for the Elderly
  • Residential 113 DSS Licensed Specialized Residential Facility (Adult Residential Facilities for Persons with Special Health Care Needs
  • Residential 904 Family Home Agency (Adult Family HOme, Certified Family Home, Family Teaching Home)
  • Residential 905, 915 Adult Residential Facility
  • Residential 910, 920 Children's Residential Facility, Group Home, Foster Family Home, Small Family Home
  • Day Program 028 Socialization Training Program
  • Day Program 055 Community Integration Training Program
  • Day Program 063 Community Activities Support Services
  • Day Program 475 Participant-Diected Community-Based Training Service for Adults (Community-Based Training Provider)
  • Day Program 505 Activity Center
  • Day Program 510 Adult Development Center
  • Day Program 515 Behavior Management Program
  • Day Program 855 Adult Day Care (Adult Day Care Facility)
  • Employment 950 Supported Employment Program - Group Services
  • Employment 954 Work Activity Program

Technical assistance on navigating the self-assessment will be available through the online platform. This includes frequently asked questions on how to use the platform, training videos with narrated visuals walking through the platform, as well as pop-up explanations and a way to ask questions throughout the self-assessment. Questions about how to navigate the online platform can be sent to:
HCBShelpdesk@oigcompliancenow.com.

Training
In addition to the technical assistance offered through the online platform, there will be five trainings available throughout the state the week of February 10, 2020. The training will focus on the expectations for completing the assessment, walking through the intent of the questions and strategies to ensure input from individuals served and their families are included throughout. Gaining input on the experiences of individuals about the services they receive is paramount in aligning services provided in California with the HCBS Final Rule. Any individuals, community-based organizations, etc. who want to share information about the Final Rule and the assessment process within their communities are encouraged to attend.

2019 HCBS Approved Compliance Proposals Awarded To

Social Vocational Services
$50,000

2018 HCBS Approved Compliance Proposals Awarded To

Canyon Verde
$84,375

Exceptional Children's Foundation
$138,900

South Bay Vocational Center
$125,770

2017 HCBS Approved Compliance Proposals Awarded To

Able Arts Work aka Arts and Services for the Disabled
$241,000

ARC – Long Beach
$111,603

Dungarvin Long Beach
$163,824

Unlimited Quest
$63,480
________________________________________________________________

Home and Community Based Services (HCBS) Regulations
Provider Funding for Compliance Activities

In January 2014, the federal Centers for Medicare & Medicaid Services issued final regulations, or rules, for Home and Community-Based Services (HCBS)1. The rules require that HCBS programs funded through Medicaid - called Medi-Cal in California - provide people with disabilities full access to the benefits of community living and offer services and supports in settings that are integrated in the community. This could include opportunities to seek employment in competitive and integrated settings, control personal resources, and engage in the community to the same degree as individuals who do not receive regional center services. The HCBS rules focus on the nature and quality of individuals’ experiences and not just the buildings where the services are delivered.
1 https://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Supports/Home-and-Community-Based-Services/Home-and-Community-Based-Services.html
2 http://www.dhcs.ca.gov/services/ltc/Pages/HCBSStatewideTransitionPlan.aspx

In recognition that some service providers may need to take steps towards modifying their services, the 2016 Budget Act (SB 826, Chapter 23, Statutes of 2016) contains $15 million to fund changes that will be necessary for providers to come into compliance with the HCBS rules by March 2019. As described below, service providers will apply for funds through the regional centers and all submitted proposals will be forwarded to the Department of Developmental Services (DDS). Regional centers can make recommendations for funding based on local priorities, although final approval will be made by DDS. Projects that require multiple years to complete and additional funding, or result in meeting some, but not all, of the HCBS rules, will be considered.

Eligible providers

Providers of services in settings identified in the California Statewide Transition Plan2 (Enclosure A) that are not in compliance with the HCBS rules may be eligible for funding.

Application process

Please review the Department of Developmental Services Notice , "HCBS Compliance Funding" dated July 18, 2016

Enclosure A Settings/Services Identified in the Statewide Transition Plan

Enclosure B HCBS Compliance Funding - Provider Evaluation
The Home and Community-Based Services (HCBS) rules ensure that people with disabilities have full access to and enjoy the benefits of community living through long-term services and supports in the most integrated settings of their choosing. In order to assist in determining eligibility for compliance funding, providers must complete this evaluation.