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

Jan 03, 2023

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 service caps to be exceeded and group home staffing to be lower than authorized levels, was originally set to expire on May 31, 2020. Due to continuing need related to the COVID-19 pandemic, the Department has extended this provision 10 times, most recently through December 31, 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 March 31, 2023.

Beginning October 1, 2022, the Department has allowed staffing in Section 21 group homes to be no lower than 80% of authorized levels, provided that the health and safety of residents can be maintained. The Department is maintaining this requirement through March 31, 2023. The Department is monitoring workforce conditions closely and will make decisions about April 1, 2023, staffing levels in March.   

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