Appendix K & the End of PHE FAQ-Division of Aging

From the Division of Aging

"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, including the allowance of certain flexibilities that were approved federally by Centers for Medicare and Medicaid Services (CMS) through the Appendix K process regarding the Aged and Disabled (A&D) ad Traumatic Brain Injury (TBI) waivers.

CMS granted approval of certain Appendix K flexibilities for a period of up to six months after the end of the PHE for COVID-19.  This additional six-month timeline allows for planning and preparations necessary for teams to transition away from the use of Appendix K flexibilities at the end of the PHE.

On January 30, 2023, the Biden-Harris Administration announced its intent to end the national emergency and public health emergency declarations related to the COVID-19 pandemic on May 11, 2023.  Since the Appendix K flexibilities are directly tied to the end of the PHE, Division of Aging (DA) has updated its guidance on the unwinding of the Appendix K Flexibilities and Code Waiver Document.

This guidance document is intended to provide notice of timelines for the unwinding of the temporary policy changes to allow the system to transition back to pre-COVID-19 operations.  The updated document can be found here."