Remediation and Compliance

All HCBS settings must achieve compliance with the new HCBS rule. Settings that will not receive an on-site visit as part of the initial assessment process will be initially assessed as compliant.  However, these sites can expect the Survey Validation Tool to be used in their next regularly scheduled State monitoring, licensing, or certification visit, and they are encouraged to consult this tool to self-evaluate and fix issues before the visit.

For settings that receive an on-site assessment visit, the State will review the results of the assessment, as well as any public comments and any information from the desk audit process, to reach an initial assessment of their compliance.  All of those sites will receive a communication stating their level of compliance and any required remediation actions.

In concert with the assessment and remediation process for providers, the State is also reviewing its own laws, rules, and procedures to ensure compliance with the federal rule. To that end, the State has identified four major areas of focus to ensure alignment between its policies and the HCBS rule: Laws and rules; provider contracts; HCBS waiver documents; and provider trainings, manuals, and guidebooks.

To undertake this process, the State has convened meetings among the legal and program staff of all state agencies that operate an HCBS waiver program. Any changes made to laws and rule will be posted for public comment and review before changes are officially made. Those public notices as well as a list of changes will be added to this website as they become available, and eventually incorporated into a new version of our Statewide Transition Plan.