Governor Cuomo Issues Executive Order 202.55
Today (August 6th), Governor Cuomo signed Executive Order 202.55 (available here), which extends the provisions of many previous orders through September 4th. The extended orders include Executive Orders 202 through 202.21, 202.27 through 202.30, and 202.38 through 202.40. More details on specific provisions are available in SPG’s updated Waiver Timeline Tracker.
Among other provisions related to real estate requirements and local taxes, the Executive Order also suspends regulations that might create a landlord-tenant relationship for any hospital, not-for-profit housing provider, or other temporary housing provider who offers housing to an individual assisting with the COVID-19 response or displaced due to COVID-19.
CMS Approves Appendix K Request for NYS Children’s Waiver
Today, the Department of Health (DOH) announced that the Centers for Medicare and Medicaid Services (CMS) approved New York’s Appendix K request to modify the 1915(c) Children’s Waiver, which authorizes various emergency changes to operations in response to COVID-19. These changes are authorized through February 28, 2021.
The Appendix K retroactively approves various previously announced changes, such as telephonic assessments and suspension of eligibility determination reassessments, as well as certain additional measures, including:
- Waiver providers may offer home and community-based services (HCBS) to enrolled participants who are temporarily displaced and/or living in a temporary residence due to the emergency.
- An annual re-evaluation of HCBS/Level of Care (LOC) eligibility determinations may be extended up to one year past the due date.
- Verbal consent may be used to initiate services, but an original signed written consent dated the day of the meeting should be obtained.
- Day and community habilitation retainer payments are approved, and DOH is giving follow-up guidance to Children’s Waiver providers of such services.
The Appendix K document is available here. DOH published a notice summarizing these changes, which is available here, and a FAQ addressing HCBS COVID-19 questions, which is available here.
CMS Responds to Additional Section 1135 Requests by New York
On August 4th, CMS issued a second response (available here) to the New York State DOH’s request for additional Section 1135 flexibilities in the Medicaid program to respond to COVID-19. Approved provisions apply to 1915(c), 1915(k) Community First Choice Option, and 1915(i) State Plan services, and are similar to those described above for the Children’s Waiver, including:
- The initial determination of LOC does not need to be completed before the start of services, and services may continue without a reassessment for up to one year.
- The State may temporarily waive conflict-free care management requirements, allowing providers who provide case management and/or who develop the person-centered service plan for a member to also be reimbursed for HCBS provided to that member.
- The State may temporarily waive written consent requirements and permit documented verbal consent as an alternative.
OMH Streamlined Process for Permanently Adding Telemental Health Services
On August 18th, the New York State Office of Mental Health (OMH) will host a webinar with a Q&A session to review recently issued guidance that streamlines the approval process for OMH licensed and designated providers to add telemental health as an optional or additional service. This guidance, which was issued July 24th, is intended to ensure that providers will be able to offer telemental health services beyond the disaster emergency period.
The guidance is available here. Registration is available here.
PHHPC Joint Committee Meeting on COVID-19 Response
On August 12th, the Public Health and Health Planning Council (PHHPC) will convene a joint committee meeting to hear from stakeholders, including primary care providers (with behavioral health and linkages to community-based organizations) and public health organizations, about their experiences responding to COVID-19. The PHHPC will seek to understand how to include these sectors in policy planning, preparing for future emergencies, and shaping the post-COVID-19 delivery system.
The meeting will begin at 9am and will be webcast live here.