HCBS Final Rule

Home and Community Based Services (HCBS)

Overview

What is HCBS?

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 communities.  

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

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Final Rule

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

What is HCBS Final Rule?

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 guidance from CMS can be found here:
Home and Community-Based Settings Regulation – Implementation Timeline Extension and Revised Frequently Asked Questions

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Service Providers 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.

Service Providers were required to submit the HCBS Self-Assessment Survey by August 31, 2020.