CMS Approval Letter for 1915c Children Waiver Appendix K Amendment NY.4125.R05.13 for COVID-19

Implementation of 5.4% COLA

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DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop S2-14-26
Baltimore, Maryland 21244-1850
Disabled and Elderly Health Programs Group

July 7, 2022

Amir Bassiri
Medicaid Director
NYS Department of Health
99 Washington Avenue, Suite 1715
Albany, New York 12210

Dear Mr. Bassiri:

We are writing to inform you that the Centers for Medicare & Medicaid Services (CMS) is approving New York’s request to amend the following 1915(c) Home and Community-Based Services (HCBS) waiver with the Emergency Preparedness and Response Appendix K in order to respond to the COVID-19 pandemic:

WAIVER TITLE CMS AMENDMENT CONTROL NUMBER
Children's Waiver

 NY.4125.R05.13

The state’s approved Appendix K is effective March 1, 2020 through six months after the end of the federal public health emergency (PHE) for COVID-19. The amendment that the state has requested in the Appendix K is additive to those previously approved; it applies in all locations served by the individual waiver for anyone impacted by COVID-19. This amendment will implement a 5.4 percent Cost of Living Adjustment (COLA) for all waiver service providers as identified within the Appendix K effective April 1, 2022.

CMS reminds the state that the state must have an approved spending plan in order to use the money realized from section 9817 of the American Rescue Plan (ARP). Approval of this action does not constitute approval of the state’s spending plan.

We have included the approved Appendix K pages with this correspondence. Please utilize the waiver management system for the HCBS waivers for any further amendments to these waiver programs other than the Appendix K.

If you need assistance, feel free to contact Daphne Hicks of my staff at 214-767-6471 or by e-mail at Daphne.Hicks@cms.hhs.gov or Marge Sciulli at 410-786-0691 or by e-mail at Margherita.Sciulli@cms.hhs.gov.

Sincerely,

Melissa L. Harris
Deputy Director, DEHPG

Enclosure