ACCSES Matters — March 17, 2023
hcbs
New Medicaid Waiver Rules Take Effect
ANCOR Launches Action Alert on Investing in Medicaid-Funded Disability Services
Nation’s Disability Services at Breaking Point, Report Finds
Mandatory Critical Incident Reporting Training Webinars Announced
The Office of Long-Term Living’s (OLTL) Bureau of Coordinated and Integrated Services (BCIS) has announced the dates and times of the mandatory upcoming Critical Incident Reporting Training webinars. The purpose of the webinar is to provide guidance to Home and Community-Based Services (HCBS) Direct Service Providers and Service Coordinators regarding timely reporting of critical incidents using the Enterprise Incident Management (EIM) system and to review:
- Who is responsible for reporting critical incidents?
- When should a critical incident be reported in EIM?
- What sections of the EIM Critical Incident Report must be completed?
The webinar dates and times are below. The requirement is to attend one of the sessions.
March 7, 2023: 9:30 am – 11:30 am
Register by March 1, 2023
Registration for March 7, 2023, Morning Session
March 7, 2023: 1:30 pm – 3:30 pm
Register by March 1, 2023
Registration for March 7, 2023, Afternoon Session
March 9, 2023: 9:30 am – 11:30 am
Register by March 3, 2023
Registration for the March 9, 2023, Morning Session
March 15, 2023: 9:30 am – 11:30 am
Register by March 8, 2023
Registration for the March 15, 2023, Morning Session
Within a few days after registering, you will receive a confirmation email containing information about joining the webinar. Please email OLTL should you have any questions or concerns.
Biden Renews Calls To Invest In Services For People With Disabilities
Informal Public Comment Period for Proposed Changes to Regulations and Policies for ICFs
ODP Announcement 22-009 states that, in an effort to implement best practices and streamline requirements and operations between Intermediate Care Facilities (ICF) and Home and Community-Based Setting (HCBS) service providers, the Office of Developmental Programs (ODP) intends to align incident management regulations and policies for ICFs with the already-existing regulations and policies for HCBS services.
Specifically, ODP plans to do the following:
- Rescind the class 3 bulletin (statement of policy) that is currently codified at Pa. Code Chapter §§ 6000.901 — 6000.985 (relating to incident management) and issue a new class 3 bulletin that aligns with ODP Bulletin 00-21-02 (Incident Management for HCBS services) to the fullest extent possible.
- Update Code Chapter 6600 to include new sections on definitions, incident management, and individual rights to align with the 55 Pa. Code Chapter 6100 regulations, to the fullest extent possible.
ODP is pleased to announce the release of the draft class 3 bulletin and the proposed 55 Pa. Code Chapter 6600 regulations for review and informal public comment in order to obtain meaningful input from stakeholders early on in the process of changing regulations. After the informal comment period ends, ODP will review and evaluate these comments, incorporating them when practical into the bulletin and regulations. The 30-day informal public comment period begins on February 2, 2022, and ends on March 4, 2022.
Interested persons are invited to submit written comments regarding the draft class 3 bulletin and Pa. Code Chapter 6600 regulations. Written comments should be addressed to Laura Cipriani, Department of Human Services, Office of Developmental Programs, 625 Forster Street, Room 510, Harrisburg, PA 17120. Comments may also be submitted to ODP via email using subject header “ICF Regulations.”
Questions about this communication should be directed to Laura Cipriani.
DLTSS Training: Unwinding Home and Community-Based Services Public Health Emergency Flexibilities
Date: February 8, 2023
Time: 1:30 pm – 3:00 pm ET
Registration Required
Closed captioning will be available.
In this webinar, the Department of Long-Term Services and Supports (DLTSS) will be discussing state requirements and opportunities for resuming Medicaid Home and Community-Based Services (HCBS) operations when we approach the end of the Public Health Emergency (PHE). This includes:
- CMS resources to support states in unwinding PHE flexibilities, including considerations for HCBS;
- An overview of HCBS-related PHE flexibilities to unwind, with a focus on the 1915(c) HCBS in 1915(c) waivers and the Centers for Medicare and Medicaid (CMS) approval process;
- An overview of HCBS-related PHE flexibilities that can be made permanent in 1915(c) waivers and the CMS approval process; and
- Other considerations for HCBS programs when unwinding from the PHE.
Following the presentation, webinar participants will have the opportunity to ask questions.
Senator Casey Cosponsors Latonya Reeves Freedom Act
Last week Senator Bob Casey became a cosponsor on the Latonya Reeves Freedom Act (S.3417). This legislation would create a right to live in the community with related support for Home and Community-Based Services (HCBS) provisions. The Latonya Reeves Freedom Act of 2021/22 also has housing rights, including an accessible housing provision for people with disabilities to live in the community.
Here is a related press release summarizing the legislation from the lead sponsor of S.3417 from Senator Michael Bennett (D-CO).
Themes Identified From CMS’ Heightened Scrutiny Site Visits — Webinar on November 16
Date: November 16, 2022
Time: 1:30 pm – 3:00 pm EST
The Medicaid Home and Community-Based Services (HCBS) Settings Final Rule was made effective on March 17, 2014. The settings rule set specific requirements for settings presumed to have institutional characteristics, including settings in institutions, settings on the grounds of or adjacent to a public institution, and settings that have qualities that isolate Medicaid beneficiaries. Referred to as “presumptively institutional settings,” states are required to assess these settings and, where the state has determined that the setting overcomes the institutional presumption and the setting complies or will comply with the settings rule by March 17, 2023, submit to CMS documentation that demonstrates the setting’s compliance. CMS has launched a series of heightened scrutiny site visits to presumptively institutional settings in states. This training will cover:
- An overview of CMS’ heightened scrutiny site visit process;
- Overarching themes identified during CMS’ heightened scrutiny site visits; and
- Considerations for states moving forward.
Following the presentation, webinar participants will have the opportunity to share any questions, comments, experiences, or suggestions with CMS and the presenter.
Please register for this webinar here.
Conference Line: 844-875-7777; Access Code: 715810#
Please note that closed captioning will be provided.
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