Final Rule Extension

On July 15, 2020, the Centers for Medicare and Medicaid Services (CMS) announced a one year extension for states to come into compliance with the HCBS Settings Final Rule. With this extension, Kansas and HCBS providers now have until March 17, 2023 to come into compliance with the HCBS Settings Final Rule. You can read the full release from CMS here.

KDADS intends to use this one year extension to allow providers additional time to remediate and come into compliance with the requirements of the Final Rule. KDADS will continue to process self-assessment desk reviews and send out notifications to providers by September 1, 2020. In addition, KDADS will push back the timeline for transitioning HCBS waiver participants from settings that are unable or unwilling to come into compliance. KDADS will publish an updated timeline in the coming weeks.

Important Heightened Scrutiny Timeline Update

This is an important update on the heightened scrutiny process.  Earlier guidance and trainings by KDADS included a timeline saying that heightened scrutiny reviews for categories 1 and 2 had to be submitted to CMS by July 1, 2020. 

The deadline for heightened scrutiny categories 1 and 2 submissions will be extended, in consideration of COVID-19 restrictions.  Also, the schedule for heightened scrutiny onsite assessments has been delayed. Impacted providers are being notified by email and phone. A new schedule and timeline have not been set at this time. When it is available, it will be shared on the Community Connections website and by email.

All category 1 and 2 settings will be contacted by KDADS prior to their onsite or equivalent Heightened Scrutiny Review. At this time, category 3 settings are not automatically slated for on-site review. KDADS reserves the right to initiate further heightened scrutiny processes for any category 3 settings based on evidence or lack thereof, as well as the public comment process indicating a need for further investigation. We would like to reassure you that the heightened scrutiny process has just begun. 

Please continue with current remediation efforts.  Additional guidance on heightened scrutiny will be available soon.  Thank you for your patience as we work together on the road to compliance.

Thank you,
The HCBS Team

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