CMS Extends Deadline for State Transition Plans

On May 9, 2017, the Centers for Medicare & Medicaid Services (CMS) announced that states have until March 2022 to bring their systems into compliance with Home and Community Based Services (HCBS) settings requirements. This is three more years than was originally planned.

What does this mean for Minnesota?

  • The new deadline of March 2022 allows the Minnesota Department of Human Services (DHS) more time to conduct site visits, and gives CMS more time for heightened scrutiny and to provide subsequent transition periods for people, if needed.
  • The sooner DHS puts new requirements into place, the more time providers will have to fully transition.
  • The extension gives DHS time to fully implement the new standards, develop and implement future day services, and put into effect tiered standards for services such as Customized Living (CL) for younger people with disabilities.
  • Current work must stay on track so that DHS can continue with the next phases of the plan.

What does this mean for the provider attestation?

  • The deadline for the attestation has not changed. Providers must respond to the attestation and demonstrate that they are in compliance within the current deadlines given by DHS. Providers must demonstrate compliance by September 1, 2017. Providers will have an opportunity to request a "hardship extension request" if they cannot comply with a certain requirement by that deadline.
  • The new deadline of March 2022 is the deadline for the State to demonstrate that the entire system is compliant with the HCBS Settings rule, and that all people are receiving services in settings that are compliant. Individual providers need to be in compliance before this date.
  • The provider attestation process lays the foundation for all site-specific work. This includes assessment, validation, and remediation.
  • The provider attestation process is a starting point for working with providers that are "presumed not to be HCBS" and that need to go through "heightened scrutiny" (meaning the settings must be submitted to CMS for approval).

This information adapted from the DHS “Transition plan for home and community-based settings” web page.

PW_06-17_191
Updated_06/16/2017