The Division of Senior and Disabilities Services (SDS) has reviewed all public comment received on proposed regulations changes to level of the care determination process for Community First Choice, home and community-based waiver, and ICF/IID  services. 

The attached document provides SDS’ responses to topics of concern that were raised in those public comments; comments and responses are grouped when substantially similar. The original Public Notice  is linked here.

NOTE:  At this time, SDS has decided to not move forward with adding “substantial functional limitation” to the criteria for determining Level of Care, because the opportunity to claim additional federal funds that are available during COVID could be jeopardized by changing eligibility criteria at this time.  When the opportunity to claim additional federal funds is not longer in place, SDS intends to reintroduce this regulatory amendment, to ensure all individuals with developmental or intellectual disabilities will be evaluated fairly and equitably, using the same criteria, for Level of Care (which affects eligibility for ICF/IID services, home   and community-based waiver services, and regular Medicaid services available through the Tax Equity and Fiscal  Responsibility Act of 1982 (TEFRA) program.