CMS delays implementation of HCBS settings final rule

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The Centers for Medicare and Medicaid Services (CMS) recently released a letter announcing a delay in the implementation for the HCBS rule standards, extending the deadline to March 17, 2022. We have been working with LeadingAge to advocate for the delay since the rule was released.

SDAHO continues to be concerned that some of the rules, such as the heightened scrutiny of campus-based settings, exceed statutory authority. To date, only Tennessee has received final approval of its state transition plan, and South Dakota has yet to receive initial approval.

The delay allows CMS to work with states on their transition plans. To date, six assisted living providers in South Dakota have withdrawn from participation in the Medicaid program due to the rule. SDAHO will continue to monitor the activities with this rule and advocate for reduced burden to facilities to provide assisted living services across the state.