Everyone benefits when people with disabilities are a part of the
fabric of our communities, not locked away in the archaic
institutions. Institutions are large, often crowded places that
limit people and their choices and force them to live segregated
lives away from their family and friends without access to the
supports needed to live in their own homes and
People with intellectual and developmental disabilities are
provided many services because of the Lanterman Act. Many
services people receive are paid for with state and federal money
from the federal Centers for Medicare and Medicaid Services
(CMS). Therefore, California must comply with what is called the
Home and Community-Based Services (HCBS) Final
Rule. This rule sets requirements for HCBS settings,
which are places where people live or receive services. Each
state has until March 2023 to help providers comply with the
HCBS Final Rule
Fact Sheets For Clients, Families, and Service Providers: Home
and Community-Based Services (HCBS) Final Rule: Department of
CMS issued guidance to states on July 14, 2020, indicating that
the transition period for ensuring compliance with the HCBS Final
Rule has been extended one year to March 17, 2023, in response to
the COVID-19 pandemic.
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.
Service Providers were required to submit the HCBS
Self-Assessment Survey by August 31, 2020.
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 2023, the date by which states have
to implement the federal requirements.
Providers of these services that are designed specifically
for groups of individuals with developmental disabilities were
required to complete a self-assessment.
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.