With respect to settings under development or new construction, CMS issued guidance in 2016 that stated that CMS would only be able to determine whether a setting overcame its institutional presumption after the facility was operational and occupied by Medicaid beneficiaries who were receiving services in the setting.​ At this time, CMS is revising the 2016 guidance to allow the state to submit a setting to CMS for a heightened scrutiny review while only non-Medicaid beneficiaries are receiving services in the new setting. ​The August 2nd Bulletin from Calder Lynch, Acting Deputy Administrator and Director Center for Medicaid and CHIP Services, provides clarification and ​​examples ​​for this new guidance.
Heightened Scrutiny Review of Newly Constructed Presumptively Institutional Settings
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