30-day public comment period for updated federal waiver plan amendments

Minnesota Department of Human Services

Disability Services Division eList


Feb. 5, 2016

TO: All interested stakeholders
FROM: DHS Disability Services Division waiver policy staff
COMMENT PERIOD BEGINS: 8 a.m. Monday Feb. 8, 2016
COMMENT PERIOD ENDS: 4 p.m. Wednesday, March 9, 2016
PURPOSE: DHS requests comments on proposed changes to the BI, CAC, CADI and DD waiver plans
SUBMIT COMMENTS TO: DSD.PublicComments@state.mn.us

30-day public comment period for updated federal waiver plan amendments

Following a 30-day public comment period, DHS plans to submit federal waiver plan amendments to the Centers for Medicare & Medicaid Services (CMS) for the following waivers:

  • Brain Injury (BI)
  • Community Alternative Care (CAC)
  • Community Access for Disability Inclusion (CADI)
  • Developmental Disabilities (DD).

In August 2015, DHS sent a package of amendments (PDF) out for public comment. However, we were not able to submit at that time because a previous amendment package was awaiting CMS approval. After reviewing the comments received in August, we made changes and updated some of the amendments.

Current waiver plan amendments to review

We seek comments on the updated federal waiver plan amendments (PDF). These amendments are either new, or ones that have changed since August. DHS plans to submit these amendments following the public comment period and request an effective date of April 8, 2016, for these as well as the ones that went out for public comment in August.

Please note: We still are awaiting CMS approval on a prior amendment package for two waivers, which may delay this submission.

Amendments being withdrawn

Based on comments received during the August 2015 public comment period, we have withdrawn the proposed changes to the following amendments:

5. Pricing of services
8. Day training and habilitation (DTH) services
9. Prevocational services
10. Supported employment
11. Employment exploration services
12. Employment development services

We will submit these amendments to CMS in the future after a viable payment rate has been established for the new employment services listed above.

Amendments being submitted, but not requiring public comment at this time

DHS is not reissuing the following amendments for public comment. The language in these amendments has not changed since August 2015. We will submit these amendments to CMS at the same time as the ones being sent out now for public comment.

1. Waiver priorities
2. Lead agency spending requirements
3. Exception to the CDCS budget methodology
4. Rate stabilization schedule
6. Home care nursing (HCN) hardship waiver in conjunction with consumer directed community supports (CDCS)
7. Paying parents for CDCS participants
13. Frequency of services
14. Case management
15. Case management – Qualification for social workers
16. Behavioral support services
17. Specialist services
20. Family training and counseling
21. Functional behavioral assessments
24. Residential habilitation
27. 245D qualifications
29. Specialized supplies and equipment
30. Verifying entity for Tier 2/Tier 3 non-enrolled providers
31. Vehicle modifications
34. In-home family support services
37. Environmental accessibility adaptations
38. Adult day care/adult day care bath
40. Maximum-age limitation

How to submit a public comment

Submit comments to DSD.PublicComments@state.mn.us no later than 4 p.m. Central Time Wednesday, March 9, 2016.

We also will accept comments by U.S. mail. Mail written comments to:

ATTN: Waiver Amendments
Minnesota Department of Human Services
Disability Services Division
P.O. Box 64967
St. Paul, MN 55164-0967