KDADS HCBS settings team warns providers and guardians about compliance risks under Settings Final Rule

KDADS HCBS Settings Final Rule staff presented an overview of how the federal HCBS settings final rule applies to waiver services and what providers, guardians and case managers should do to support compliance.

Latonya Wright, who identified herself as an HCBS quality oversight specialist, said the settings final rule is triggered by the type of setting where services are delivered and by how services are billed and provided. Wright told attendees that services delivered in provider‑owned, provider‑controlled or provider‑managed settings — including some day services and residential settings — will prompt assessments to determine whether the setting affords full access to the broader community and preserves individual choice and privacy.

Wright summarized federal and state expectations: HCBS recipients should live in home‑like settings, have access to integrated community activities with people who do not receive HCBS, and have “control of…