LeadingAge NY and the NYS Adult Day Services Association (NYSADSA) sent a letter to the Department of Health (DOH) this week regarding concerns with implementation and remediation plans regarding the federal Home and Community-Based Services (HCBS) Rule.

The letter points out that requirements related to freedom to receive visitors and access to food for participants in social adult day care (SADC) programs relate only to residential settings. Requirements related to person-centered care plans and their modification due to conditions or limitations based on functional assessments of participants require Managed Long Term Care (MLTC) involvement due to lack of nursing assessments in the SADC setting and its nonmedical nature. We have asked for the sharing of person-centered service plans (PCSPs) to ensure that proper modifications can be made.

The letter also shares concerns with the State’s interpretation of the community integration requirement for SADC programs. The Department has shared that community integration must serve individual participants’ preferences and interests and be carried out on an individual or small group basis. This approach is not feasible, as the SADC program staffing model is unable to allow significant staff outside of program while delivering core services to participants in program.

LeadingAge NY and NYSADSA hope to meet with the Department on these important issues, as they might impact Federal Medical Assistance Percentage (FMAP) funding of SADC programs or their contracts with MLTC plans.

Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871