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PA Bulletin, Doc. No. 16-335



Availability of Renewal of the Office of Long-Term Living's Home and Community-Based Waiver for Persons with Other Related Conditions, OBRA Waiver

[46 Pa.B. 1096]
[Saturday, February 27, 2016]

 The Department of Human Services (Department) is making available for public review and comment the Office of Long-Term Living's proposed OBRA waiver renewal and the Centers for Medicare and Medicaid Services (CMS) final rule transition plan. The Department proposes the following substantive changes to the OBRA waiver effective July 1, 2016:

 • A new entity to perform clinical eligibility determinations and redeterminations.

 • Four new employment-related service definitions are replacing two existing employment service definitions.

 • The transition of individuals from the OBRA waiver into a managed care delivery system.

 • The implementation of a home modifications broker.

 • Revised language to reflect the current practice under the new child abuse clearance laws.


 To continue receiving Federal matching funds for Home and Community-Based Services (HCBS) waiver services, CMS requires that existing HCBS waivers be renewed every 5 years. See 42 CFR 430.25(h)(2)(i) (relating to waivers of State plan requirements). The OBRA waiver was last renewed by CMS effective July 1, 2011; the proposed waiver renewal is to be submitted to CMS no later than March 31, 2016.

 The proposed OBRA waiver renewal and a summary of all revisions are available for review at or by contacting the Department's Office of Long-Term Living at (717) 783-8412.

Fiscal Impact

 The renewal of the OBRA waiver is anticipated to be budget neutral; therefore, there is no anticipated fiscal impact.

Public Comment

 Interested persons are invited to submit written comments regarding the proposed waiver renewal to the Department of Human Services, Office of Long-Term Living, Bureau of Policy and Regulatory Management, Attention: April Leonhard, P. O. Box 8025, Harrisburg, PA 17105-8025. Comments may also be submitted to the Department at Comments received within 30 days will be reviewed and considered for revisions to the proposed waiver renewal and the CMS final rule transition plan.

 In addition, the Department will hold two webinars to receive comments on the proposed OBRA waiver renewal. Dates and times of the webinars, including dial-in information, is available at or by contacting the Depart- ment's Office of Long-Term Living at (717) 783-8412.

 Persons with a disability who require an auxiliary aid or service may submit comments using the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).


Fiscal Note: 14-NOT-995. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 16-335. Filed for public inspection February 26, 2016, 9:00 a.m.]

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