1. Public Comment Webinars January 14, 2015 and January 15, 2015
Amendments and Transition Plans for the Consolidated, P/FDS and Adult Autism Waivers
Public Comment Webinars
January 14, 2015 and January 15, 2015
11/10/2018

2. Waiver Amendments

3. General Waiver Amendment Info
The Office of Developmental Programs will request amendments to the Consolidated, Person/Family Directed Support (P/FDS) and Adult Autism Waivers.
Changes are mostly related to the waiting list initiative approved for Fiscal Year 14/15 (July 1, 2014 through June 30, 2015).
There will be changes to Appendix J of all three Waivers to reflect the increased number of users in Fiscal Year 14/15 as a result of the waiting list initiative.
Due to the nature of the changes, ODP will request that the amendments be effective retroactive to July 1, 2014.

4. Consolidated Waiver
Consolidated Waiver Amendment – Unduplicated Number of Participants Served
Found in Appendices B-3-a and J-2-a
Year 3 (FY 14/15) – Increase from 17,867 to 18,067
Year 4 (FY 15/16) – Increase from 17,982 to 18,067
Increase needed due to waiting list initiative

5. Consolidated Waiver
Consolidated Waiver Amendment – Reserved Capacity for Unanticipated Emergencies
Found in Appendix B-3-c
ODP will reserve capacity for individuals/participants who are identified as meeting the unanticipated emergency criteria in accordance with ODP's unanticipated emergency policy.
Year 3 (FY 14/15) – Increase from 20 to 120
Increase needed due to implementation of Adult Protective Services.

6. Consolidated Waiver
Consolidated Waiver Amendment – Reserved Capacity for Hospital/Rehabilitation Care
Found in Appendix B-3-c
ODP reserves waiver capacity for waiver participants requiring hospital/rehabilitation care beyond 30 consecutive days and up to 6 consecutive months from the first date of leave.
Year 3 (FY 14/15) – Decrease from 750 to 550
Year 4 (FY 15/16) – Decrease from 750 to 550
Year 5 (FY 16/17) – Decrease from 750 to 550
Decrease needed as the Department has found in the first two years of implementation that this number is higher than necessary to serve those individuals that require hospital/rehabilitation care.

7. P/FDS Waiver
P/FDS Waiver Amendment – Unduplicated Number of Participants Served
Found in Appendices B-3-a and J-2-a
Year 3 (FY 14/15) – Increase from 12,600 to 13,300
Year 4 (FY 15/16) – Increase from 12,600 to 13,300
Year 5 (FY 16/17) – Increase from 12,600 to 13,300
Increase needed due to waiting list initiative

8. P/FDS Waiver
P/FDS Waiver Amendment – Reserved Capacity for Waiting List Initiative
Found in Appendix B-3-c
ODP has reserved capacity for the waiting list initiative to serve approximately 700 students graduating from special education who are on the waiting list in Years 1, 2 and 3.
Year 3 (FY 14/15) – Increase from 0 to 700
Increase needed due to waiting list initiative

9. Adult Autism Waiver Adult Autism Waiver Amendment
Unduplicated Number of Participants
Found in Appendices B-3-a and J
Year 4 (FY 14/15) – Increase from 439 to 544
Year 5 (FY 15/16) – Increase from 439 to 544
Limitation on the Number of Participants Served at Any Point in Time
Found in Appendices B-3-b and J
Year 4 (FY 14/15) – Increase from 418 to 518
Year 5 (FY 15/16) – Increase from 418 to 518

10. Adult Autism Waiver Adult Autism Waiver Amendment
Reserved Capacity for People identified in Adult Protective Services investigations
Found in Appendix B-3-c
Capacity is reserved for adults with ASD who have a protective services plan developed pursuant to the Adult Protective Services Act that specifies a need for long-term support. Individuals must be eligible for the Adult Autism Waiver
The capacity that the AAW reserves in each waiver year is:
Year 4 (FY 14/15) – 5
Year 5 (FY 15/16) – 5

11. Adult Autism Waiver Adult Autism Waiver Amendment
In addition, this waiver amendment:
Adds data for a new field in the waiver application for the home and community-based services taxonomy,
Adds data for a new field in the waiver application on seclusion, and
Revises the bulletin number that specifies training for certified investigators of critical incidents in Appendix G-1-d.

12. Transition Plans

13. Intent of CMS Final Rule
CMS published the final rule amending regulations contained in 42 CFR on January 16, 2014
The rule supports enhanced quality in Home and Community Based Services (HCBS) programs and adds protections for individuals receiving services.
In addition, this rule reflects CMS’ intent to ensure that individuals receiving services and supports through Medicaid’s HCBS programs have full access to the benefits of community living and are able to receive services in the most integrated setting.

14. What is the Transition Plan
The transition plan is the document in which states determine their compliance with the regulatory requirements for home and community-based settings and describe to CMS how they will comply with the new requirements.
Statewide Plan vs. Waiver Specific Plan
Both are required
Both require public input
What is the difference between the two?

15. Important Transition Plan Dates
The regulations were effective March 17, 2014
It is CMS’ expectation that states be fully compliant with the Federal requirements by the time frames approved in their transition plan, but no later than March 17, 2019.
Statewide Transition Plan due to CMS by March 17, 2015

16. Important Transition Plan Dates
Public Comment period for the Consolidated, P/FDS and Adult Autism Waivers is from December 20, 2014 through February 2, 2015.
Waiver specific transition plans due when first waiver amendment submitted after March 17, 2014.
It is ODP’s goal to submit waiver amendments and accompanying transition plans in late March 2015.

17. Why Must We Comply
The state’s failure to submit an approvable transition plan as required or to comply with the terms of the approved transition plan may result in compliance actions, including but not limited to deferral/disallowance of Federal Financial Participation

18. What about Person-Centered Planning
For the most part, person-centered planning requirements are not part of the proposed transition plan
CMS limits the purpose of the transition plan to settings where waiver services are delivered. Requirements related to person-centered planning are to be met in addition to a waiver’s transition plan for settings.
Example - You will see action steps regarding information that must be in a plan in order for a person to be exempt from certain requirements in the transition plan.

19. Purpose of This Webinar, Next Steps and Other Important Information

20. Purpose for Webinar
To obtain public comment on the proposed transition plans for each waiver.
Comments received today will be considered to formulate the final waiver specific transition plans that will be submitted to CMS.
To allow stakeholders to ask questions

21. Next Steps After the public comment period, ODP will:
Consider the public comment received and modify the transition plans as needed
Submit the final transition plan along with a summary of the comments received, reasons why comments were not adopted and any modifications to the transition plan based upon those comments to CMS
Post the summary and final transition plans on the DHS website
Determine the best way to have ongoing dialogue with stakeholders regarding the implementation of the transition plans and progress made

22. Today’s Public Input Process
We have reserved 30 minutes of this call for participants on this webinar to ask questions about the waiver amendments and transition plans
The remaining time is reserved for obtaining public input on the waiver amendments and transition plans
5 minute limit on comments

23. Written Comments
While we will be recording this webinar we encourage you to submit your comments in writing.
You have 2 options:
comments to the DHS at
2. Mail Consolidated and P/FDS Waiver comments to Julie Mochon, Department of Human Services, Office of Developmental Programs, 625 Forster Street, Room 501, Harrisburg, PA 17120
Mail Adult Autism Waiver comments to Lea Sheffield, Department of Human Services, Office of Developmental Programs, Bureau of Autism Services, 625 Forster Street, Room 605, Harrisburg, PA 17120

24. Resources CMS information resources can be found at:
The Consolidated, P/FDS and Adult Autism waiver amendments and accompanying transition plans are available at: