The Wisconsin Department of Health Services Bureau of Assisted Living (BAL) has shared updated compliance information and timelines for providers serving Home and Community Based Services (HCBS) residents.

BAL’s HCBS office shared compliance statistics (percentages are approximate):

• 87% of facilities are HCBS compliant.
• .025% (one facility) has been deemed non-compliant.
• 1% of facilities are under review for compliance, meaning they have submitted their documentation and a compliance determination is under consideration.
• 12% of facilities have had no determination.

IMPORTANT HCBS TIMELINE INFORMATION:

The CMS requirement for all states to ensure all HCBS residents are in HCBS-compliant settings by March 17, 2023. Here is what that means for HCBS providers:

In order to ensure state compliance, the state Division of Medicaid Services said that by the end of August, DMS would be sending Letters of Preliminary Non-Compliance to providers who are not yet HCBS-compliant. DMS is also engaging MCOs to help facilitate communication and to work toward provider compliance.

In October 2022, DMS will also be sending Letters or Preliminary Non-Compliance to all remaining providers listed at that time of “No Determination”. The letter will direct the facility to contact DMS within 10 days to work toward compliance. Beginning November 15, DMS will work with MCOs to begin ending contracts with all remaining non-compliant (including No Determination) providers so that HCBS residents can be relocated ahead of the March 17, 2023 deadline.

Additional HCBS resources include:

• Home and Community-Based Services for Pending, Licensed, and Certified Assisted Living Facilities
• Home and Community-Based Services (HCBS) Compliance Review Request, F-02138 (PDF)
• HCBS Settings Rule: Heightened Scrutiny
• HCBS Notice of Compliance (PDF)
• HCBS Provider Search Example (PDF)