N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-10.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 635-10.1 - Applicability

(a) This Subpart contains requirements and specifications relative to the provision of home and community-based services (HCBS) waiver as authorized by the Secretary of the United States Department of Health and Human services pursuant to section 1915(c) of the Social Security Act (see glossary).

(b) All providers of home and community-based waiver services shall be authorized pursuant to a Medicaid provider agreement issued and approved by the New York State Department of Social services specific to the type of services being offered.

(c) In addition, all authorized HCBS waiver providers shall comply with the requirements of Parts 624 and 633 of this Title.

(d) Also authorized pursuant to the HCBS waiver referenced in subdivision (a) of this section, are community residential habilitation services provided in OPWDD-certified community residences pursuant to Part 671 of this Title.

(e) The allowable activities for waiver community residential habilitation services provided in accordance with Part 671 of this Title are not subject to the provisions of section 635-10.4(b)(1) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-10.1

Amended, New York State Register, Volume XXXVI, Issue 25, effective 7/1/2014

Amended by New York State Register September 24, 2014/Volume XXXVI, Issue 38, eff. 9/24/2014.

Amended, New York State Register October 1, 2014/Volume XXXVI, Issue 39, eff. 10/1/2014

Amended New York State Register July 1, 2015/Volume XXXVII, Issue 26, eff. 7/1/2015

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff. 11/1/2015

Amended New York State Register April 20, 2016/Volume XXXVIII, Issue 16, eff. 4/20/2016

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016