The Centers for Medicare & Medicaid Services (CMS) approved temporary changes to the OBRA, CHC 1915(c), and Act 150 waivers beginning March 6, 2020 in response to the COVID-19 pandemic. Approval of these changes is covered under Appendix K, Emergency Preparedness and Response, which states may use during emergency situations to request amendments to their approved waivers. These changes addressed potential staffing shortages and the need for service provision not included in approved service descriptions to ensure participant health and safety needs could be accommodated for the duration of the COVID-19 statewide emergency. The changes were not intended to apply to all participants nor to be considered across-the-board changes that must be implemented for each participant. These flexibilities were to be evaluated on a case-by-case in coordination with the CHC Managed Care Organizations (CHC-MCOs).
CMS recently approved an amendment to Appendix K which allows some flexibilities to continue until six months after the end date of the federal public health emergency. The federal public health emergency is set to expire on April 21, 2021; however, it’s possible the federal government will decide to extend the emergency beyond April. Please use this public health emergency website link to see the current and future public health emergency declarations related to COVID-19. The Office of Long-Term Living (OLTL) will issue guidance in the future when the Appendix K flexibilities are closer to expiring.
Attached are the documents that have been updated to reflect the new expiration date for the flexibilities:
- Transition Plan to Phase Out Temporary Changes to the CHC 1915(c) Waiver – Revised March 25, 2021
- Temporary Changes to the CHC 1915(c) Waiver – Revised March 25, 2021
- Transition Plan to Phase Out Temporary Changes to the Act 150 Program – Revised March 25, 2021
- Temporary Changes to the Act 150 Program – Revised March 25, 2021
- Transition Plan to Phase Out Temporary Changes to the OBRA 1915(c) Waiver – Revised March 25, 2021
- Temporary Changes to the OBRA 1915(c) Waiver – Revised March 25, 2021
If you have questions about the information in this Listserv email, please contact the OLTL Provider Helpline at 800-932-0939.