Waiver Services Flexibilities End

Changes to Appendix K flexibilities for waiver services

During the Public Health Emergency (PHE), New York State’s Appendix K provided crucial flexibility in delivering waiver services. However, these waiver services flexibilities will end on November 11, 2023.

Main changes to waiver services flexibilities

The main points of these changes are:

  • OPWDD must authorize all waiver services before implementation.
  • Proposed changes to a Life Plan must be finalized before implementation.
  • Willowbrook Care Managers are required to complete Care Manager Observation Reports (CMORs) according to the permanent injunction.
  • Community hab, day hab, prevocational services, pathways to employment, SEMP, and respite can be offered remotely via telehealth in accordance with ADM 2021-03 provided that the request is person-centered, the Care Manager has reviewed the appropriateness and ability of the Member to receive services remotely, and it is documented in a finalized Life Plan.
  • Modifications to respite services will end, including temporarily providing respite services to certified residents. A limited exception is allowed for people who live in a certified residential setting and receive respite while enrolled in Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD).
  • Staff action plans can no longer be deferred and must be reviewed twice annually.

Stay informed

As changes arise, we will continue to report to providers what you need to know about the PHE November deadline.