Temporary Changes to CHC 1915c, OBRA, and Act 150 Waivers

Temporary Changes to CHC 1915c, OBRA, and Act 150 Waivers

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:

If you have questions about the information in this Listserv email, please contact the OLTL Provider Helpline at 800-932-0939.

Fady is responsible for policy and regulatory matters related to Physical Disabilities and Aging, with primary focus on personal assistance, employment services, and service coordination. Emphasis is placed on engaging the Office of Long-Term Living and the Community HealthChoices Managed Care Organizations, coordination of care with Behavioral HealthChoices MCOs, and collaborations with other advocacy and provider associations. Fady is also the President / CEO of ProVantaCare, an RCPA-affiliated company focused on contracting with MCOs, and is the President of XtraGlobex, a consulting firm focused on Value-Based Payment contracting. He brings extensive experience in the advocacy and operations of human services providers in physical disabilities and aging, from his role at Liberty Resources, Inc., and his service with a number of nonprofit services providers. He earned an MBA in Marketing from The University of Tennessee and a PhD in Organizational Leadership from Capella University.

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