This week, CMS released a new State Medicaid Director letter which issued guidance to states on receiving extensions of 1915(c) HCBS Waiver Appendix K flexibilities.
As a quick reminder, Appendix K flexibilities were formerly set to expire six months following the end of the public health emergency declaration. The extensions are intended to provide states with additional time to move flexibilities from the Appendix Ks into their underlying programs. With the November 11 deadline fast approaching, CMS issued this guidance acknowledging that incorporating changes into state HCBS programs is often a lengthy process and without an extension, states may experience a lapse in flexibilities while waiting for final approval of their waiver amendments.
Highlights:
- To be eligible for an extension, states must propose an amendment or renewal to integrate the flexibility into its waiver program by November 11.
- The Appendix K provision will remain in effect until the effective date of the amendment or renewal.
- The effect of extending the Appendix K will also have the effect of extending the maintenance of effort provisionstied to the American Rescue Plan Act (i.e. to not decrease services, eligibility, and/or reimbursement rates).
We will keep you updated as we learn more!
