CMS Has Approved the CAP to Extend the Compliance with HCBS Settings Rule

June 29, 2023

The letter from CMS and an attached table for dates and expectations is here.   For those of you who might be interested in the details as shown on the table:

  • The “completion dates listed are the “end of the Quarter date”
  • The Remediation and Validation activities are repeated (for two categories — non-residential and residential) for each Quarter
  • The “milestones” listed are shown in parentheses; for example –
    • Validations for residential settings under Quality Service Reviews (80 settings, 58 percent completion) means that for the Quarter ending 30 September 2023 80 settings will be reviewed which will bring that category to a total 58% completion
    • The same item in the next Quarter will have an additional 80 settings reviewed for a new total completion rate of 64%
  • The final compliance date is December 31, 2025 and the only unknown is when CMS will respond to the plan to deal with those setting which required heightened scrutiny

Thanks to Katie Morris for explaining the details!