Status of Home and Community Based Services (HCBS) Settings Rule Requirements 

May 13, 2022

Earlier this week at a provider association meeting, an official from the Centers for Medicare and Medicaid Services (CMS) indicated that CMS is likely to give states the option to request additional time to comply with some aspects of the federal HCBS Settings Rule. The Department has received questions about what this means for Maine’s current compliance efforts. 

CMS has not issued any guidance on this to date.  When they do, the Department will consider it carefully and consult with stakeholders before making any decisions about whether or not to exercise the flexibilities that CMS may offer. We expect more information to be available so that we may discuss this at the next meeting of the HCBS Stakeholder Advisory Group on July 15, 2022. 

In the meantime, it’s important to note that nothing has changed and our transition to compliance continues. The federal rule deadline of March 17, 2023 and the State Global Rule deadline of September 30, 2022 continue to apply. 

You can find information about the HCBS Stakeholder Advisory Committee, including minutes of past meetings, on the Stakeholder Advisory Committee webpage.  

Please send questions about HCBS settings rule compliance to HCBS.DHHS@maine.gov.