Social Adult Day Care (SADC) Home and Community Based Services (HCBS) Compliance

ANNOUNCEMENTS


Welcome to the SADC HCBS Final Rule website!

DOH developed this website as a resource and repository for tools and information about compliance with the HCBS Final Rule. Please check back regularly to this announcement banner to learn about new or updated policies, email notifications, upcoming trainings or events, and other timely information including when new content is added to the website.

Please find links to current and archived documents and other resources on the left side of this page as well as quick access to important resources for MLTC plans and SADC sites in the section below.

While tools and resources related to SADC HCBS compliance will now be maintained on this website, all policies will be retained on the MRT 90 MLTC Policies page.

Important policies for MLTC plans and SADC sites to review include:


ATTENTION: NYS SADC HCBS Heightened Scrutiny Submission Available for Public Comment Until May 17, 2024
In compliance with 42 CFR §441.301(c)(5)(v), DOH is pleased to seek submission of comments on its Social Adult Day Care (SADC) Heightened Scrutiny evidence packets, which are required as part of the Statewide Transition Plan (STP) for coming into compliance the Home and Community-Based Services (HCBS) Settings Final Rule for all SADC sites.

The Centers for Medicare and Medicaid Services (CMS) has issued Heightened Scrutiny requirements for HCBS settings presumed to have the qualities of an institution. Settings that fall into one of two categories that define qualities of an institution and are subject to a Heightened Scrutiny review by CMS are as follows:
  • Prong 1: Setting is in a publicly or privately operated facility that provides inpatient institutional treatment.
  • Prong 2: Setting is in a building on the grounds of, or adjacent to, a public institution.

CMS, based on evidence submitted by the State, will confirm whether a setting is not institutional in nature and does have the qualities of home and community-based settings.

Details on full announcement can be found here: Announcement: NYS SADC Heightened Scrutiny Submission Available for Public Comment Until May 17, 2024 - (Web) - (PDF)

Submission details can be found here: NYS SADC Heightened Scrutiny Submission

For MLTC Plans
For SADC Sites