By: David Machledt
Executive Summary
In May 2024, the Centers for Medicare & Medicaid Services (CMS) finalized regulations meant to improve access to key Medicaid services for people with disabilities. Parts of the new regulations requires states to revamp how they receive and resolve issues that people using Home and Community Based Services experience while receiving services. This includes new requirements for addressing critical incidents and establishing a grievance process for individuals receiving Medicaid HCBS. This brief reviews the new federal requirements and situates them in the context of related oversight and monitoring processes. It provides advocates with suggestions and ideas for how to build and test a grievance process responsive to the needs of people using HCBS. It also points to promising approaches that some states have already implemented.