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ODP Announcement 22-076 serves to announce that the Consolidated, Community Living, and Person/Family Directed Support (P/FDS) Waiver renewals, collectively known as the Intellectual Disability/Autism (ID/A) waivers, will not be effective on July 1, 2022, as requested.

This extension does not apply to the Adult Autism Waiver (AAW). The currently-approved AAW was most recently amended on April 1, 2022.

Discussions between the Office of Developmental Programs (ODP) and the Centers for Medicare & Medicaid Services (CMS) have been occurring since the submission of the waiver renewals. During recent discussions, it has become clear that the process to renew the waivers will not be complete by July 1. ODP requested a 90-day extension of the currently-approved waivers on June 27, 2022, since the Consolidated and Person/Family Directed Support waivers expire on June 30, 2022. CMS granted the extension request on June 27, 2022.

Until CMS approves the ID/A waiver renewals, the waiver amendments approved with an effective date of June 1, 2022, remain in effect. They can be found on the Department of Human Services website at the following links:

The ID/A waiver renewals submitted to CMS on April 1, 2022, are also available.

Additional changes will be made to the waiver renewals as a result of ongoing discussions with CMS. ODP will inform all stakeholders when the waiver renewals have been approved. The final approved versions of the waivers will be made available online at that time.

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The Centers for Medicare and Medicaid Services (CMS) recently issued updates associated with the inpatient rehabilitation facility (IRF) provider preview reports and the IRF Patient Assessment Instrument (PAI).

CMS has released the updated IRF Provider Preview Reports, which contain provider performance scores for quality measures and contain IRF-PAI data submitted by IRFs from Quarter 1 (Q1) 2021 through Quarter 4 (Q4) 2021, as well as CDC Clostridium Difficile (CDI) and Catheter-Associated Urinary Tract Infections (CAUTI) measures from Quarter 4 (Q4) 2020 through Quarter 3 (Q3) 2021, and Q4 2018 through Q1 2019 of the Healthcare Personnel (HCP) Influenza measure. The new HCP COVID-19 Vaccination Coverage measure will also be publicly reported on Care Compare in the September 2022 release and will reflect Q4 2021 data. Unlike prior September Care Compare refreshes, CMS will not be preforming the annual update to IRF claims-based measures, due to CMS only resuming the reporting of claims-based measures during the June 2022 refresh.

Providers have until July 15, 2022, to review their performance data. Providers can request CMS review their data during the preview period if they believe the scores are inaccurate. The final reports will be published on Care Compare and Provider Data Catalog during the September 2022 refresh of the website. Additional information is on the CMS IRF Quality Reporting Program (QRP) public reporting website.

CMS also published the IRF-PAI Quarterly Questions & Answers (Q&A) document that provides clarification to existing guidelines.

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Medicare binary sign concept illustration design over black

The Centers for Medicare and Medicaid Services (CMS) is conducting interactive training webinars that cover Medicare basics today, June 14, 2022, and tomorrow, June 15, 2022, from 1:00 pm – 3:00 pm. The topics and registration links for both days are provided below:

Day 1 (June 14) — Topics will include Medicare enrollment and eligibility; SSA and CMS roles and responsibilities; cost and coverage under Medicare Part A (Hospital Insurance) and Medicare Part B (Medical Insurance); why enrolling on time is important; and an overview of Medicare Supplement Insurance (Medigap) policies.

Register for the Day 1 webinar here.

Day 2 (June 15) — Topics will include Medicare drug coverage (Part D); Medicare Advantage Plans; coordination of benefits; how to detect and report suspected Medicare fraud, waste, and abuse; and different resources to help you find answers to Medicare policy and coverage questions.

Register for the Day 2 webinar here.

These webinars will be recorded and posted to the National Training Program (NTP) website. You can view the recordings here.

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ODP Announcement 22-061 is to announce that the amendments to the Consolidated, Community Living, and P/FDS waivers (hereafter referred to as the Intellectual Disability and Autism (ID/A) waivers) were approved by the Centers for Medicare & Medicaid Services (CMS) effective June 1, 2022.

The ID/A waiver amendments were submitted to CMS on January 3, 2022. Since that time, the Office of Developmental Programs (ODP) has been engaged in ongoing discussions with CMS. Substantive changes were approved as follows:

  • Eligibility was expanded to include children with a developmental disability due to a medically complex condition. The Family Medical Support Assistance service was added to support the complex medical needs of these children. Provider qualification criteria were enhanced to ensure providers have the needed structure to support these children.
  • Delivery of services while the participant is hospitalized is currently allowed through Appendix K flexibilities. Guidance regarding delivery of services while the participant is hospitalized is contained in the Operational Guide. This guidance should continue to be followed until otherwise notified.
  • Homemaker services include infection control measures and intensive cleaning, such as cleaning medical equipment and disinfecting the home.
  • Home accessibility adaptations support individuals to transition from an institutional setting to a private home (including a Life Sharing home) and clarify covered home accessibility adaptations due to changes in Medical Assistance.
  • Transition to Independent Living payments were added to the Consolidated Waiver to support participants to transition from residential habilitation homes to Life Sharing or Support Living.
  • Changes were made to residential qualification requirements to ensure that all residential providers are adequately prepared prior to delivering a service and prior to the provider going through ODP’s qualification process.

The following rates, as communicated in ODP Announcement 22-051, are also effective June 1, 2022, when authorized on an Individual Support Plan:

  • Family Medical Support Assistance services;
  • Medically Complex Life Sharing services in the Consolidated Waiver; and
  • Transition to Independent Living payments in the Consolidated Waiver. Each full waiver application approved by CMS and the record of change document are available here.

ODP will be scheduling webinars soon to discuss the changes made in these approved amendments, as well as changes made to the July 2022 waiver renewals once they are approved by CMS. ODP will release a communication announcing the webinars when the waiver renewals are approved. Questions about this communication should be directed to the appropriate Office of Developmental Programs Regional Office.

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ODP Announcement 22-059 informs readers that the Office of Developmental Programs (ODP) is pleased to announce that an amendment to the AAW was submitted to CMS on May 9, 2022. The submitted AAW includes modifications that were made as a result of public comment. The AAW amendment includes the following substantive changes:

  • Adding reserved waiver capacity for individuals who are discharged from a state center. Reserved waiver capacity is also being added for participants who have been incarcerated for more than six consecutive months;
  • Aligning provider qualifications in the AAW with the Consolidated, Community Living, and Person/Family Directed Support (P/FDS) waivers, whenever possible;
  • Allowing relatives to deliver the Life Sharing component of the Residential Habilitation service;
  • Requiring that agencies that provide Residential Habilitation/Life Sharing must be qualified and enrolled to provide Residential Habilitation/Life Sharing in the Consolidated or Community Living waivers;
  • Increasing the annual fiscal limit in the transportation service to $5,000 per participant’s ISP year;
  • Allowing one of the four required monitoring conducted by the Supports Coordinator each year to be conducted remotely;
  • Adding a new service, Remote Supports; and
  • Delivering direct services using remote technology.

The requirements in the AAW will become effective when Appendix K flexibilities expire, six months after the expiration of the federal COVID-19 public health emergency.

Please note that aligning the Assistive Technology service, where possible, with the Consolidated, Community Living, and P/FDS waivers includes adding generators for the participant’s primary residence.

The full AAW application, as well as a record of substantive changes, is available here.

CMS has 90 days to review the amendment, and changes may occur to the content based upon discussion with CMS during the approval process. The proposed effective date of July 1, 2022, is also subject to change. ODP will inform all stakeholders when CMS has officially approved the AAW and will make the approved waiver available at that time.

Questions about this communication should be directed via email.

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ANCOR staff Lydia Dawson shared that in response to ANCOR’s advocacy, CMS has announced the release of its slide deck detailing how states can use corrective action plans to request additional time to comply with staff-dependent provisions of the HCBS Settings Rule due to the direct care workforce crisis.

As detailed in the slide deck, CMS will authorize corrective action plans to continue federal reimbursement of HCBS beyond the end of the transition period if states need additional time to ensure full provider compliance with staff-dependent provisions of the Settings Rule, including:

  • Access to the broader community;
  • Opportunities for employment;
  • Option for a private unit and/or choice of a roommate; and
  • Choice of non-disability specific settings.

This information was reviewed at the ACL/CMS webinar “Key Updates on the HCBS Settings Rule” held on May 25. When the recording is available, we will share it with our members.

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