Extension of 1915(c) Home and Community-Based Services Waiver Appendix K Expiration Dates (SMD 23-004)
The Centers for Medicare & Medicaid Services (CMS) is issuing the following guidance to states
as they take actions to return to normal operations after the end of the flexibilities available to
support states and beneficiaries during the COVID-19 Public Health Emergency (PHE).
Specifically, this guidance announces an update to CMS’s policy regarding the end date for
flexibilities approved in states’ section 1915(c) Home and Community-Based Services (HCBS)
waiver Appendix K amendments. Under our prior policy, these flexibilities were set to expire six
months after the expiration of the COVID-19 PHE. However, as described below, these
flexibilities may remain in effect for a longer period of time.
Issued by: Centers for Medicare & Medicaid Services (CMS)
Issue Date: August 02, 2023
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.