The COVID Project
The record
- Jurisdiction
- United States (all States operating 1915(c) HCBS waivers)
- Level
- Federal
- Authority
- Social Security Act s. 1915(c); 42 C.F.R. part 441 subpart G
- Issued
- 2020-03-01 Mar. 1, 2020
- Effective
- Governs every COVID-19 Appendix K amendment from March 2020 (read as 2020-03-01)
- End
- n/a (standing instructions) (read as 2021-09-30)
- In force
- Mar. 1, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Other
- Addressees
- State Medicaid agencies and their HCBS waiver operating agencies (aging and DD agencies)
- Functions reached
- PY payer terms for every waiver-funded day, residential, respite, supported-employment and transportation service
- DD day habilitation delivered in alternative settings; retainer payments
- AD adult day health under waivers
- OP remote assessments and service planning
- Collection
- Social Assistance and Community Services SEC-24
Operative words
This appendix was developed as a standalone appendix to be utilized by the state during emergency situations. It should be used by the state to advise CMS of expected changes to its waiver operations or to request amendment to its approved waiver.... This appendix may be completed retroactively, as needed, by the state... Item 1-F: Proposed Effective Date... Enter the anticipated end date of the amendment. The end date is the last day that the [temporary changes apply]... K-2: Temporary or Emergency-Specific Amendment to Approved Waiver: Below is a list of temporary activities that the state may wish to undertake during an emergency.
Enforcement
Conditions of federal financial participation under the approved waiver
Notes
Context exhibit establishing what an Appendix K amendment is and that it is a CMS-approved amendment to the waiver (force of law as a condition of federal payment). Pennsylvania's combined CHC/OBRA Appendix K (Ex. SEC-04-078, start date Mar. 6, 2020) is the exemplar; North Dakota EO 2020-29 (Ex. ND-030) is a State order suspending statutes 'necessary for the operation of the Medicaid State Plan disaster amendments, Appendix K and the... 1135 Waiver'. KFF's tracker (last updated July 1, 2021) records Appendix K approvals for all fifty States and D.C. (verified_secondary; the per-State table is interactive and was not captured).
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