Home and Community Based Services Settings

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.:RULE TITLE:

59G-13.075Home and Community Based Services Settings

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 145, July 26, 2018 issue of the Florida Administrative Register.

59G-13.075 Home and Community Based Services Settings

(1) This rule applies to all settings providers where rendering Florida Medicaid waiver services are rendered to individuals enrolled in home and community-based service (HCBS) waiver programs authorized under Sections 1915(c), 1915(i), and 1915(k) of the Social Security Act.

(2) All setting providers must be in compliance with the provisions of the home and community-based  settings requirements established in accordance with the Centers for Medicare and Medicaid Services’ (CMS) Final Rule CMS-2296-F (HCB Settings Rule), incorporated by reference, and available at [DOS Placeholder] and https://federalregister.gov/a/2014-00487.

(3) The Agency for Health Care Administration, or its designee, will assess residential and non-residential settings for compliance with Title 42, Code of Federal Regulations (CFR), section 441.530.

(4) Settings where HCBS services were rendered prior to March 17, 2014, and Providers that are determined to be noncompliant with the HCB Settings Rule through site-specific assessment, must remediate deficiencies in accordance with a plan of remediation developed by the provider and agreed upon by the Agency or its designee. must develop and implement a remediation plan.

(5) Settings Providers that fail to comply remain out of compliance with the HCB Settings Rule will be ineligible to participate in the provision of provide HCBS to Florida Medicaid recipients., The State must be in compliance with the HCB Settings Rule by and to receive reimbursement for Florida Medicaid HCBS after March 17, 2022, in accordance with the Extension Period for Compliance with the home and Community-Based Settings Criteria informational bulletin available on CMS’ Web site at https://www.medicaid.gov/federal-policy-guidance/downloads/cib050917.pdf.