People with intellectual and developmental disabilities are provided many services because of the Lanterman Act. Many services people receive are paid for with state and federal money from the federal Centers for Medicare and Medicaid Services (CMS). Therefore, California must comply with what is called the Home and Community-Based Services (HCBS) Final Rule. This rule sets requirements for HCBS settings, which are places where people live or receive services. Each state has until March 2023 to help providers comply with the HCBS Final Rule.
For the past few years, service providers have worked collaboratively with Harbor Regional Center to come into compliance with the HCBS Final Rule. The process included service providers completing a self-assessment in 2020, followed by virtual site assessments for selected service providers in 2021. By March 17th, 2023, service providers had to submit documentation that demonstrated practices that align with HCBS and the federal requirements. In late 2023, the Department of Developmental Services (DDS), put forth a directive in support of regional centers fully implementing the federal requirements for HCBS settings. The directive establishes a monitoring timeline for completing required on-site reviews to confirm that all HCBS settings are in full compliance. The directive also includes the steps to address service providers found not to be in compliance, which will include a Corrective Action Plan and Sanctions.
Harbor continues its commitment to support service providers in meeting HCBS compliance by providing resources and training. If you are a current service provider and are preparing for an on-site visit, please review the resources. The tool lists the types of documents that will be reviewed to determine HCBS compliance. In addition, the process will also include interviews with individuals and direct care staff. If it is determined that you are not in full compliance, action items and due dates will be noted in the tool for you to complete.
Office hours are reserved for questions related to HCBS Compliance and are available every Tuesday and Wednesday from 1:00 p.m. to 2:00 p.m.
