TBI Waiver Extension Approval

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Centers for Medicare & Medicaid Services
601 E. 12th St., Room 355
Kansas City, Missouri 64106

Medicaid and CHIP Operations Group

August 17, 2022

Amir Bassiri, Medicaid Director
New York State Department of Health
Office of Health Insurance Programs
Empire State Plaza
Corning Tower, Room 1466
Albany, NY 12237

Dear Mr. Bassiri:

In response to the August 10, 2022 request from the New York State Department of Health, the Centers for Medicare & Medicaid Services (CMS) is granting a 90-day temporary extension of the New York’s 1915(c) Traumatic Brain Injury (TBI) waiver. This Home and Community- Based Services (HCBS) waiver provides services to individuals who have experienced the onset of a TBI between the ages of eighteen and sixty-four, who meet a nursing facility level of care. This waiver is currently scheduled to expire on August 31, 2022. This temporary extension allows the TBI waiver (NY.0269.R04.00) to continue operating through November 29, 2022 at cost and utilization levels approved for the fifth year of the waiver program with federal financial participation.

As authorized by 42 CFR §441.304(c), CMS is granting this temporary extension to provide the state with additional time to appropriately address CMS feedback regarding the significant programmatic, fiscal and quality changes identified in the waiver renewal application. CMS will continue to collaborate with the state to ensure that no violations of Section 9817 of the American Rescue Plan Act (ARPA) exist and that the state submits an approvable renewal application.

If you have any questions concerning this information, please contact me at (206) 615-3814. You may also contact Christopher Semidey at Christopher.Semidey@cms.hhs.gov or (212) 616-2328.


Wendy Hill Petras, Deputy Director
Division of HCBS Operations & Oversight

cc: Christopher Semidey, CMS
      Ciera Lucas, CMS
      Cynthia Nanes, CMS
      George P. Failla Jr., CMS
      Susan Cummins, CMS
      Ralph Lollar, CMS
      Kathryn Poisal, CMS
      Maribeth Gnozzio, NY-DOH
      Susan Montgomery, NY-DOH