At enCircle, we are joining with others who have already posted concerns. The crux of the problem is this: it is not possible for a provider to be in compliance with Department of Behavioral Health and Developmental Services (DBHDS) Office of Licensing (OL), Office of Human Rights (OHR)and HCBS regulations the way they are currently written and interpreted by the Department of Medical Assistance Services (DMAS). If we fail to comply with DBHDS regulations we will lose our license, and if we fail to comply with HCBS regulations we will lose our funding. Following HCBS regulations as interpreted also creates a legal risk for providers, opening us to charges of negligence from those we support and their families and guardians.
Private Providers have been placed in a very difficult position; it would be much better if all the regulatory bodies had communicated prior to rolling out HCBS services and citing providers. We request that implementation be paused immediately until OL, OHR and HCBS can construct regulations that support each party and support the legal and ethical responsibilities of private providers.