Federal Waiver Approvals
A number of Appendix K disaster amendments to our existing 1915(c ) waivers have been requested in response to the COVID-19 outbreak. These waivers temporarily modify some processes of care, provider qualifications, service limitations, and other guidelines. Providers should stay current with these waivers to optimally respond to COVID-19.
The following waivers have been approved by the federal government and have afforded much-needed flexibility to providers fighting COVID-19 while serving Medicaid recipients.
Additional Section 1135 Flexibilities
- Approval Letter
- Issued May 6, 2020
- Effective March 1, 2020 through the termination of the public health emergency (PHE)
- This document authorizes new, additional Section 1135 flexibilities atop those previously granted on March 19. These additional flexibilities include a waiver on Home and Community-Based Service (HCBS) criteria, a waiver on HCBS State Plan Conflict of Interest Requirements, and a waiver on HCBS service plan written consent requirements.
LTSS 1115(a) COVID-19 Public Health Emergency demonstration
- Approval Letter, Special Terms and Conditions
- Issued April 21, 2020
- Effective March 1, 2020 through the termination of the public health emergency (PHE)
- This document is approval from CMS for flexibilities related to long-term services and supports based on a template CMS created to help expedite approvals for States. It gives the State the ability to waive several CMS compliance requirements, waives provisions that inhibit geographic service targeting and triaged access to long-term supports. The document further provides authority to relax certain LTSS eligibility standards and expenditures, requirements for functional assessments, and other requirements that may be needed by the State.
COPES waiver amendment
- Amended Approval Letter
- Full Text
- Issued March 23, 2020 and amended April 21, 2020
- Effective February 29, 2020 through January 31, 2021
- This document implements a temporary increase in the amount and duration of certain services offered under the Community Options Program Entry System (COPES). This document also temporarily suspends training and certification requirements, modifies level-of-care evaluation processes, and increases payment rates to reflect a COVID-19 add-on rate.
New Freedom waiver amendment
- Approval Letter
- Full Text
- Issued March 23, 2020
- Effective February 29, 2020 through January 31, 2021
- This document implements a temporary increase in the amount and duration of services offered within the New Freedom personal care attendant program. This document also temporarily suspends training and certification requirements, modifies level-of-care evaluation processes, and increases payment rates to reflect a COVID-19 add-on rate. Another provision of this document permits the establishment of visitor restrictions to residential care settings so long as they originate from a public health authority.
Residential Support waiver amendment
- Amended Approval Letter
- Full Text
- Issued March 23, 2020 and amended April 21, 2020
- Effective February 29, 2020 through January 31, 2021
- This document implements a temporary increase in the amount and duration of residential support services, including skilled nursing, nurse delegation, enhanced residential and community services, and more. This document also temporarily suspends training and certification requirements, modifies level-of-care evaluation processes, and increases payment rates to reflect a COVID-19 add-on rate. Another provision of this document permits the establishment of visitor restrictions to residential care settings so long as they originate from a public health authority.
1915k COVID State Plan amendment
- Full Text & Approval Letter
- Approved April 13, 2020
- Effective March 1, 2020
- This document summarizes certain responsive measures taken by the State to afford flexibility in the areas of qualification, training, licensing, and assessment of care providers under Washington’s Community First Choice program.