What Happens after DHS Completes a Site Visit for HCBS Settings Rule Compliance?

Posted on July 10, 2018 by Bobbie Guidry

The Minnesota Department of Human Services (DHS) is well underway with conducting site visits to Home and Community-Based Services (HCBS) providers who are “presumed not to be HCBS settings.” As some of these site visits have now been completed, we are able to provide information on what happens once DHS completes its visit. 

As a reminder, the purpose of the DHS visit is to check that providers are meeting the HCBS standards or to assist the provider in determining how they can meet the standards. 

If they find the setting in compliance, information about the setting will be posted on the DHS website for public comment for a period of 30 days. The provider will be notified several days before the posting and is invited to share the opportunity for comment with residents, families, staff and the broader community.  

If the setting is not in compliance with the standards, the provider will receive a notice that they need to complete a transition plan to reach compliance. DHS has provided information what to expect after an on-site assessment.

For any setting found in compliance, the comments from the public comment period and documentation from DHS supporting their finding that the setting functions as a HCBS setting will compiled into an “evidentiary package” that will be sent to CMS for its final decision. 

DHS reports that the biggest challenge for providers is meeting the community integration standard. DHS has provided examples of ways to comply with that standard in their Provider’s Guide. 

For those still working to comply with the initial attestation requirements, DHS is preparing a template to assist you. Use of the template will allow providers not to resubmit the full attestation. We will provide providers with the template once it is approved by DHS. 

If you are new to a setting that is working on HCBS Settings Rule compliance, you can find information about the Rule, Standards and Minnesota’s State Transition Plan on the LeadingAge Minnesota HCBS Settings Rule webpage. 

We are in the process of scheduling a webinar with DHS to provide updates on this process and to answer your questions. A session with DHS is also planned for August at Senior Living NOW on Aug. 16.