Attention Providers of Section 18, 19, 20, 21, and 29 Services: Appendix K to Maine’s Home and Community Based Waivers Continues to Provide Temporary Flexibilities on Service Caps, Staffing

Jun 21, 2022

Appendix K to Maine’s Home and Community-Based Services 1915(c) waivers provides the state certain flexibilities in waiver program operations during an emergency. Maine’s Appendix K and amendments may be found here. 

Section K-2.b.ii. of Maine’s Appendix K, which allows staffing at a lower percentage of authorized levels, was originally set to expire on May 31, 2020. Due to continuing need related to the COVID-19 Pandemic, however, the Department has extended this provision eight times, most recently through June 30, 2022. At this time, given ongoing challenges related to COVID-19 throughout Maine, the Department will continue to provide flexibility under Section K-2.b.ii through September 30, 2022, including the provision that allows staffing at 70% of authorized levels. The Department is monitoring pandemic workforce shortages closely in light of permanent rate increases that have now been implemented retroactively to January 1, 2022, and one-time retention and recruitment bonus funds that were distributed to provider agencies in February and March of 2022. The Department expects to begin transitioning back to non-pandemic staffing requirements as appropriate later this year. The Department expects to restore staffing level requirements to 80% on October 1, 2022, and to 92.5% on January 1, 2023.   

Questions on use of Appendix K flexibilities may be sent to OADS@maine.gov.