LeadingAge NY Submits Comments on HCBS Settings Rule Statewide Transition Plan

LeadingAge NY submitted comments on the draft proposed Home and Community-Based Services (HCBS) Final Rule Statewide Transition Plan (STP). Our comments focused specifically on the adult care facility (ACF) and assisted living (AL) services, Managed Long Term Care (MLTC), and social adult day care (SADC) sections of the plan.

Our comments raised concern regarding:

• an assertion made in the STP that dementia units in AL could not meet the requirements of the rule due to delayed egress, contrary to Centers for Medicare and Medicaid Services (CMS) guidance on this issue;
• the expectations that the STP sets regarding the ability and responsibility of MLTC plans, which may be unrealistic and infeasible in certain circumstances; and
• the challenges that SADC programs are encountering as they reopen after being closed at the height of the pandemic, and recommended considering different ways in which access to the broader community can be operationalized.

Click here to view the comments submitted.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828