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

Apr 04, 2023

Appendix K to Maine’s HCBS 1915(c) waivers provides the state certain flexibilities in waiver program operations during an emergency. Maine’s Appendix K and amendments may be found on Medicaid.gov. Appendix K authority extends six months beyond the end of the federal COVID public health emergency, which ends on May 11, 2023; therefore, Maine’s flexibilities under Appendix K will expire on November 11, 2023.   

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 needs related to the COVID-19 pandemic, the Department extended this provision 11 times, most recently through March 31, 2023. At this time, given ongoing challenges related to COVID-19 throughout Maine, the Department will continue to allow flexibility under Section K-2.b.ii through November 11, 2023. 

Beginning October 1, 2022, the Department 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 November 11, 2023. This is the final extension of this provision.     

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