The National Senior Citizens Law Center (NSCLC) has published a new guide for advocates to help Medicaid clients obtain Home and Community Based Services (HCBS). The guide is in response to new rules that are intended to ensure that HCBS are provided in truly non-institutional settings.
The Centers for Medicare and Medicaid Services (CMS) issued the new rules, which went into effect in March 2014, as part of the Affordable Care Act. Under the new rules, Medicaid programs will support home- and community-based settings that provide integration with the community, choice of settings, rights to privacy and dignity, and independence. The rules also set out standards specific to residential care facilities, including rules regarding eviction, privacy, and freedom of choice.
NSCLC's free 20-page guide clearly explains the new rules and the process for implementing them. A related issue brief discusses the problem of Medicaid giving preference to long-term care services in nursing homes as opposed to home-based settings. NSCLC makes several recommendations, including that HCBS be available to every Medicaid applicant and that there be the same financial eligibility rules for institutional care and HCBS.
To download the guide, click here.
To read the issue brief, click here.
Also, check out HCBS Advocacy, a platform for the aging and disability communities to post information and resources regarding the new HCBS settings rule and steps each state is making to comply with it.
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