For our Assisted Living members: More important updates on the HCBS Access Rule – Please read
Last week, we reported that CMS has delayed until January 1, 2029 the enforcement date for states to establish Interested Party Groups as part of compliance with the Home and Community-Based Services (HCBS) Waiver Access Rule.
CMS is following this initial update with a new informational bulletin also extending the enforcement date for states to comply with the grievance system requirements under the Access Rule. Informational Bulletin . Under the FFS grievance system requirements, a state must establish a procedure under which a beneficiary may file a grievance related to the performance of person-centered service planning (PCSP) and HCBS settings requirements. The original implementation date was July 9, 2026. The new implementation date is no sooner than December 31, 2027. We have been advised by our national assisted living affiliate, NCAL, that we can expect additional changes and/or updates to the Access Rule as we move through 2026. WiCAL and NCAL will continue to monitor the environment and will report out to members on future developments.
