The flexibilities granted by CMS under Appendix K that are due to expire with the ending of the PHE. The service parameters previously in place will be, once again, effective for most May 11, 2023, and for the remainder, such as the exception to allow legally responsible individuals (parents of children under
age 18 and spouses) to provide personal care/personal assistance services for reimbursement, on 10 November, 2023 to allow adequate time for transition.
The long-standing requirements imposed by CMS which place restrictions on their willingness/ability to approve payment for personal care or similar services provided by a legally responsible individual who has a duty under state law to care for another person and typically includes the parent (biological or adoptive) or guardian who must provide care of a minor child will be reinstated.
We are, however, concerned about several issues: