Wednesday, April 4, 2018

NCAL Publishes Policy Briefs on HCBS Settings Rule: Spotlight on Individual Choice and Privacy

Lilly Hummel

To support states and providers implementing the Home and Community Based Services (HCBS) Settings Rule, NCAL has partnered with Health Management Associates to create four policy briefs that address areas that have been particularly challenging to ensure that assisted living (AL) continues as an appropriate home and community based setting. These briefs provide background on each issue, aggregate the available guidance from the Centers for Medicare and Medicaid Services (CMS), and provide examples of CMS-approved strategies to comply with the rule from those states with approved transition plans.  

This week NCAL is spotlighting its brief on Ensuring Individual Choice and Privacy: Documentation in Patient-Centered Plan Is Key for Assessment of Choice and Privacy. The brief describes the choice and privacy provisions of the rule and steps taken by states and AL communities. It describes how states have monitored and documented choice and privacy in AL communities, including the meaningful choice of the AL from a set of options; how AL communities can document the choices offered to and made by residents, such as through availability of private dining and roommate choice; and the privacy elements of AL community policies and practices, including private communications and protection of personal and medical information.

Since 2014, implementation of has been underway to meet the extended 2022 deadline. States continue to work with CMS to have their transition plans approved. States must also assess all HCBS settings for compliance with the rule, and then assemble evidentiary packages for CMS heightened scrutiny review for settings that meet certain criteria.

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