CMS Releases New Guidance to Ensure Continuity of Key Flexibilities Implemented During the COVID-19 Public Health Emergency

Mary Madison, RN, RAC-CT, CDP
Clinical Consultant – Briggs Healthcare

Today (Wednesday, August 2, 2023), the Center for Medicaid and CHIP Services (CMCS) released a State Medicaid Director Letter to facilitate the continuation of home and community-based services (HCBS) waiver flexibilities requested by states during the COVID-19 Public Health Emergency (PHE). The letter automatically amends the expiration date of approved Appendix K provisions to be the later of November 11, 2023 or the effective date of amendments to underlying 1915(c) waivers to incorporate relevant PHE flexibilities. This ensures states, providers, and beneficiaries that there will be no disruption to the HCBS delivery system for PHE flexibilities the state requests to incorporate into ongoing HCBS waiver programs. No state action is required.

Read the full letter (3 pages) for more information.

Questions regarding this guidance may be directed to Melissa Harris, Deputy Director, Medicaid Benefits and Health Programs Group, at melissa.harris@cms.hhs.gov.