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SDS Temporarily Withdraws Proposed Regulations at 7 AAC 130 Governing Waiver Programs

On December 2, 2011 the Division of Senior and Disabilities Services(SDS)released for public comment draft regulations governing operation of the state’s four Medicaid waiver programs. It has come to the attention of the DHSS Commissioner’s office that certain provisions of the proposed regulations have been misunderstood and misrepresented as promoting the institutionalization of participants in the waiver programs. This is not the case, as the purpose of the Medicaid waiver program is to support participant choice, safety and community living.

The misunderstanding of the impact of these regulation changes has resulted in an unfortunate situation where participants and their families now have a high degree of concern and fear about their waiver plans. In response, DHSS is temporarily withdrawing the proposed regulations and associated Standards of Practice. This will allow SDS the opportunity to clarify the intent of changes to the regulations and to alleviate concerns expressed by stakeholders before re-releasing the regulations for public comment.

SDS will hold the previously scheduled February 15th teleconference as an informational session and an opportunity to clarify the intent and the anticipated impact of changes on participants. We encourage recipients, their families, providers and concerned others to participate in this session.

We apologize for the delay in implementation of these important regulations that support our waivers currently approved by CMS .