If the answer to any of these is ‘no’, you will need to take immediate action or you may be subject to corrective action such as;
- Placement on the ‘Do Not Place’ List starting February 6th.
- Regional Centers will inform residents and their families and representatives of the non-compliance and offer the opportunity to relocate starting February 2nd.
- Beginning March 1st partial payments will be withheld for non-compliance!
Final Rule Steps
- Self-assessment – Providers are required to complete an online self-assessment to measure the current level of compliance with the Final Rule.
- Virtual site assessment – After the self-assessment has been submitted to the Regional Center, a virtual site assessment will be scheduled.
- Assessment – After the self-assessment has been submitted and the virtual site assessment has been completed providers will be given a validation letter or a remediation letter.
- Validation – Full compliance was reported and further documentation is needed to support this determination.
- Remediation – Non-compliance was assessed and remediation is required.
Important Contact Information
Regional Center Directory HCBS Regulations Assessment Resources
We are offering consultation on both Validation and Remediation forms. To contact our consultants, please use the form below.
The Lanterman Act ensures that individuals with intellectual and developmental disabilities have access to various services. Funding for these services is provided by the state and federal government through the Centers for Medicare and Medicaid Services (CMS). As a result, California must adhere to the Home and Community-Based Services (HCBS) Final Rule, which establishes guidelines for HCBS settings, such as residential or service locations. The purpose of this is to ensure that individuals receiving long-term services and supports have the opportunity to receive those services in the most integrated setting appropriate to their needs. The rule outlines standards to promote individual choice, community inclusion, and opportunities for full access to the benefits of community living.
- Residential and non-residential settings; including certified and licensed homes
- Day programs, and other day-type services
- Employment options and work programs
The Final Rule does not apply to nursing homes, hospitals, ICF/IDD or IMD facilities.
As a provider, it is crucial to ensure that these services do not isolate individuals from their communities. The HCBS Final Rule stipulates that settings must be integrated and promote full community access. To comply with this rule, providers may need to adjust the location and delivery of their services, as well as make changes to policies and program designs. Staff training may also be necessary to ensure an understanding of the new expectations.
All providers are required to complete a self-evaluation survey to assess compliance with the HCBS Final Rule, and to identify any necessary modifications. For settings that require modifications, there will be time allocated to develop transition plans. Providers will receive training on the self-evaluation process, and expectations, and additional resources will be made available on the DDS website.
The setting:
- Is integrated in, and supports full access of individuals receiving Medicaid HCBS to the greater community to the same degree of access as individuals not receiving Medicaid HCBS.
- Is selected by the individual from among setting options including non-disability-specific settings and an option for a private unit in a residential setting.
- Ensures an individual’s rights of privacy, dignity and respect, as well as freedom from coercion and restraint.
- Optimizes, but does not regiment, individual initiative, autonomy, and independence in making life choices, including but not limited to: daily activities, physical environment, and with whom to interact.
- Facilitates individual choice regarding services and supports, and who provides them.
In provider-owned or controlled residential settings:
- The unit or dwelling is a specific physical place that can be owned, rented, or occupied under a legally enforceable agreement by the individual receiving services.
- Each individual has privacy in their sleeping or living unit; including doors lockable by the individual, choice of a roommate if sharing a unit, and the freedom to furnish and decorate their sleeping or living units within the lease or other agreement.
- Individuals have the freedom and support to control their own schedules and activities and have access to food at any time.
- Individuals are able to have visitors of their choosing at any time.
- The setting is physically accessible to the individual.
Please note – Anything that deviates from this must be clearly specified in the admission agreement, approved program design and/or the individual’s IPP.
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