If you are a provider serving Home and Community Based Services (HCBS) residents, your facility may have received communication from your MCO about the June 15, 2022 deadline to submit documentation for review to determine compliance with CMS’s HCBS Rule.

Some MCOs may have communicated that HCBS providers who are not compliant by June 15 will be subject to relocation of HCBS residents. DHS has confirmed that this is not the case.

At a meeting with MCOs last week, DMS provided an updated timeline to the MCOs and clarified expectations for residential providers to become HCBS compliant:

The updated expectations are for MCOs to work with all contracted residential providers who are not currently HCBS compliant. By July 1, 2022, the MCOs must report to DMS any setting who they cannot reach or who has indicated that they do not wish to become HCBS compliant.

DMS clarified that providers should take action to come into HCBS compliance, but providers do not have to be fully compliant by the original June 15, 2022 date. As long as providers are working toward compliance as of July 1, resident relocation will not occur.

This change in expectation was based on clarified guidance recently received from CMS. This timeline also aligns with the Transition Milestones on page 22 of the Wisconsin Statewide Transition Plan for Compliance with the Medicaid Home and Community-Based Services Settings Rule Requirements. To notify members who will be affected by provider noncompliance, DMS needs a current list of residential providers that will not become HCBS compliant.

The June 15 date originally given to the MCOs is a state, Division of Medicaid Services (DMS), selected deadline. The CMS federal compliance deadline to have all waiver funded residents residing in HCBS Compliant settings is 03/17/2023.

DMS will continue to work with all providers who intend to become HCBS compliant to ensure a smooth transition before the final 03/17/2023 federal implementation date. At this time, DMS has not selected a new deadline for providers to be fully compliant, but will expect providers to be working toward compliance. Providers can contact their Bureau of Assisted Living Regional Office or DHSHCBSSettings@dhs.wisconsin.gov if they have questions regarding the HCBS compliance process.

PLEASE NOTE: While June 15 is no longer a hard HCBS compliance deadline, WHCA/WiCAL encourages members to achieve compliance now rather than wait and potentially experience additional compliance challenges as a new compliance deadline approaches.

Check your HCBS compliance status using the state’s AL setting directories. HCBS compliant status is listed for those facilities currently HCBS compliant as of the publication date of each directory:

• Community Based Residential Facilities: (CBRF): https://www.dhs.wisconsin.gov/guide/cbrfdir.pdf
• Residential Care Apartment Complexes (RCAC): https://www.dhs.wisconsin.gov/guide/rcacdir.pdf
• Adult Family Homes (AFH): https://www.dhs.wisconsin.gov/guide/afhdir.pdf