Settlement Agreement Provision
If the Commonwealth substantially changes or amends its ID or DD waivers, the Parties shall meet within 15 days of final approval from CMS to determine if any provisions of this Agreement should be amended. The Parties agree that under any new terms, at least as many individuals in each category in Sections Ill.C.l.a, b, and c and C.2 above shall receive HCBS waivers and individual and family supports under the Agreement. If the Parties cannot reach agreement within 90 days, the Court shall resolve the dispute.
About Waiver Redesign
The Settlement Agreement anticipated the need for Virginia to amend or change the waivers that were in place at the time the Agreement was signed but did not require that the waivers be amended. In 2016, CMS approved amendments to the three existing DD Waivers. These amendments merged the population served by all three waivers from separate diagnostic categories to a singular functional definition of individuals with developmental disabilities that includes those with intellectual disability. It also merged the waiting lists for all three waivers and designed service arrays to better meet the needs of the population, while allowing for a better management of services and budgets.
Links to the amended waivers and presentations describing changes made to the waivers are provided.
12VAC30-120-930. General Requirements for Participating Providers.
CMS Approved Building Independence Waiver
CMS Approved Community Living Waiver
CMS Approved Family and Individual Supports Waiver
CMS Waiver Fact Sheets