Notice Ending of PHE related Appendix K Flexibility- Alternative Settings

From DDRS Updates

The COVID-19 pandemic was declared a federal public health emergency in January 2020.  In response, several policy changes were temporarily put into place throughout the declared public health emergency through Appendix K amendments that permitted states to make certain allowances to their Home nd Community Based Services (HCBS) waivers when a designated public health emergency has been declared.  

While some flexibilities can remain in place up to six months after the end of the federal public health emergency, others will cease being available on the end date of the PHE.  As of May 11, 2023:

• ICF/IDD will no longer be reimbursed for services rendered to an unlicensed facility.
• Prevocational Services, Adult Day Services and Day Habilitation Services will no longer be allowed to be provided in the home of the participant, in Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IDD), or, upon approval from the participant's team, the home of a direct support professional.
• Personal Assistance and Care (PAC), Structured Family Caregiving or Residential Habilitation and Support settings will no longer be lowed to be temporarily relocated to a day program setting or an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IDD).

While the allowance of the delivery of these services in alternative settings is ending, these services continue to be available in settings as approved in the current service definitions or licensure requirements.  Participants are encouraged to reach out to their case managers with any questions or for planning for the Appendix K flexibilities to end.