The Medicaid Home and Community-Based Services (HCBS) Settings Rule establishes minimum standards to ensure that Medicaid HCBS consumers live in settings that are truly non-institutional. The Rule establishes minimum criteria for HCBS settings, clarifies locations that do not qualify as HCBS, specifies person-centered planning requirements, and outlines protocols to evaluate whether settings presumed to have characteristics of an institution meet HCBS criteria. The Rule also establishes processes for states to evaluate and remedy their policies, procedures, and HCBS provider locations to comply with the Rule.
As the transition period for implementing the HCBS Settings Rule ended on March 17, 2023, Justice in Aging is releasing a new Issue Brief to equip New Jersey’s aging and disability advocates with information to ensure ongoing compliance and implementation of the Rule. The Home and Community-Based Services Settings Rule: A Guide for New Jersey Advocates provides an overview of the Rule, describes New Jersey’s process of updating its policies and engaging with providers to comply with the Rule, and helps advocates identify implementation challenges that may impact their clients.