The Office of Developmental Programs (ODP) has issued Announcement 20-106 in order to release the non-residential service locations that have been identified as requiring an onsite Heightened Scrutiny review from ODP. ODP is requesting public comment regarding these service locations and is asking stakeholders to identify any other settings that meet the criteria provided in the announcement.

Additionally, ODP is releasing for public comment the Heightened Scrutiny Onsite Tools (Attachments 2 and 3) that will be used during the onsite visit to determine compliance with the Home and Community-Based Services (HCBS) Settings Rule as well as with ODP’s policies and regulations.

The purpose of these onsite reviews will be to determine whether each service location can overcome the institutional presumption by either showing proof that the requirements contained in the HCBS rule and state regulations in 55 Pa. Code Chapter 6100 are currently met or by ensuring that the requirements will be met within a timeframe specified by ODP (but no later than March 17, 2022). If ODP determines that the service location does not currently meet the requirements but has a plan to meet them within the timeframe specified by ODP, the service location must be submitted to the Centers for Medicaid and Medicare Services (CMS) for a Heightened Scrutiny review. CMS will then determine whether the service location has the qualities of a home and community-based setting or that of an institution.

These documents will be out for public comment for 30 days; comments will be accepted until 11:59 pm on Monday, November 23,2020. Please send electronic comments here. If electronic comments are being submitted, it is recommended to provide comments directly on the documents and to track the changes in the documents where edits are being suggested.

If written comments are being submitted, please address and send the written comments to Katie-Marie Wilson, Department of Human Services, Office of Developmental Programs, 625 Forster Street, Room 510, Harrisburg, PA 17120.

More information published by CMS on the HCBS rule, including Heightened Scrutiny requirements, can be found here.

The Residential and Non-Residential Home and Community-Based Services (HCBS) Provider Settings Self-Assessment Reports can be accessed via ODP Announcement 19-149.

For questions pertaining to this announcement, please send an email.