Home and Community-Based Services (HCBS) were developed to offer support to individuals in community settings, as an alternative to institutional care. In 2014, new federal rules were released by the Centers for Medicare & Medicaid Services (CMS), requiring homes and programs where HCBS are delivered to meet new criteria. The Department and its partners are working to implement the requirements for home and community-based settings in accordance with this Final Rule.
Everyone who receives, or provides, HCBS services may be affected by the CMS Final Rule. Activities are happening now to help California meet these new requirements.
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 can be found here: https://www.medicaid.gov/Federal-Policy-Guidance/Downloads/smd20003.pdf.
The STP covers all existing California programs that are affected by the home and community-based settings requirements, including the HCBS Waiver for Californians with Developmental Disabilities and the DDS 1915(i) State Plan program. New HCBS programs are not covered by the Statewide Transition Plan. New programs, such as the proposed Self-Determination Program Waiver, must be in compliance with the HCBS rules when they are implemented.
As of May 2021, updates have been made to the STP, and it has been posted to the DHCS website. It is currently posted for tribal review, and the public comment period for all stakeholders and members of the public will open on June 13, 2021, and close on July 13, 2021.
Public comments should be submitted through the following routes:
Online at: Department of Health Care Services HCBS STP Public Comment Form By US Mail: Department of Health Care Services Integrated Systems of Care Division 1501 Capitol Avenue, MS 4502 Sacramento, CA 95899
Indian Health Programs and Urban Indian Organizations may also submit written comments or questions concerning this proposal within 60 days (May 20, 2021, through July 19, 2021) from the receipt of notice by mail. Comments may be sent by email to STP@dhcs.ca.gov or by mail to the address below
Juliana Lowe Policy Analyst, Home and Community Based Services Section Integrated Systems of Care Division Department of Health Care Services PO Box 997437, MS 0018 Sacramento, CA 95899-7437
More information including guidance and training from CMS on the HCBS Final Rule, or to access other state’s transition plans, can be found on the CMS HCBS webpage.
In early February, 2015, a number of individuals accepted invitations from Director Santi Rogers to participate on the HCBS Advisory Group (Advisory Group). The Advisory Group provides greater depth and breadth of analysis on the focused issues and processes impacted by, or necessary for, developing, implementing, and continuing compliance with the federal HCBS requirements. Members represent the various interests and perspectives impacted by the HCBS regulations by including consumers, family members, providers, regional centers, and advocates. Interested individuals are welcome to attend meetings.
Last modified: June 9, 2021