Home Health & Hospice Week

You may see more state flexibility regarding home-and community-based services for a while yet.

On Aug. 2, the Centers for Medicare & Medicaid Services “announced that it will allow states to extend their home- and community-based services (HCBS) Appendix K waivers past their original Nov. 11 expiration date,” highlights law firm McGuireWoods’ consulting division. CMS would allow such extensions “so long as states submit amendment proposals outlining how the Appendix K waivers will be incorporated into 1915(c) waiver programs,” McGuireWoods Consulting explains.

Don’t overlook: “CMS clarified that states do not need to amend existing approved Appendix K applications for the extension to apply,” the firm adds.

“This approach essentially recognizes that the significant number of Appendix Ks across the country will require substantial time to process as formal Medicaid amendments and extends the timeline for approval to prevent a lapse in the legal authority for these policies,” observes the National Association for Home Care & Hospice in analysis of the policy change.

Providers should note that “certain flexibilities within Appendix Ks are not allowable within standard Medicaid rules and states cannot incorporate them into their base programs,” NAHC explains. “Examples of Appendix K flexibilities not allowed in core Medicaid programs include waiving conflict-free case management provisions and allowing case management providers to also deliver services,” according to the trade group.