On April 22, 2024, the Centers for Medicare and Medicaid Services (CMS) issued the HCBS Access Final Rule. Among other provisions, the final rule included a new requirement to establish an interested parties’ advisory group. Under 42 CFR 447.203(b)(6), states must establish an advisory group for rates for specified home and community-based services (HCBS).
CMS announced in an informational bulletin that they expect to not take enforcement action before January 1, 2029, with respect to the July 9, 2026 deadline and subsequent July 9, 2028 deadline to convene the interested parties advisory group, or as to the corresponding publication deadlines, provided that states convene the first meeting of the interested parties advisory group by January 1, 2029, and publish its recommendations by February 1, 2029.
As outlined in the Access Final Rule, the interested parties’ group must advise and consult on provider rates, and the group must include direct care workers, beneficiaries and/or representatives, and other interested parties. The group must convene at least every two years, and provide recommendations to the Medicaid agency, which the state must make available to the public.
States may convene the group and publish its recommendations earlier than the expiration of this enforcement discretion, and administrative match will be available for allowable administrative activities related to implementing this provision regardless of whether the exercise of enforcement discretion is in place.