Application for a §1915(c) Home and Community-Based Services (HCBS) Waiver — NC TBI Waiver
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North Carolina's §1915(c) HCBS waiver application/renewal to provide community-based services for individuals with traumatic brain injury (TBI), covering program purpose, structure, eligibility, service definitions, limits, and operational assurances affecting applicants, beneficiaries, LME-MCOs, and providers.
Lowered the age of Date of Traumatic Brain Injury from 22 to 18 years old.
Allowed Respite to be regularly scheduled and to be utilized for summer camp or TBI-specific support groups.
Added Supported Living as a service definition.
Removed ADH definition and incorporated Adult Day Health-like language into the Day Supports definition for aging individuals.
Removed Remote Supports language from Assistive Technology definition and created a separate Remote Supports definition.
Coverage Criteria and Program Limits
Eligibility and Level-of-Care Criteria
Coverage is for individuals who require institutional levels of care but can be supported in the community under the waiver; targets individuals with traumatic brain injury who would otherwise require Specialty Hospital or Skilled Nursing Facility levels of care.
Waiver Operational Limitations (statewideness)
State requests waivers of federal statewideness requirements to limit geographic scope and to selectively allow participant-direction.
Operational assurances, limitations and administrative arrangements
Selected operational assurances, limitations, and program design features required by federal rules and described in the application.
Cost limit and participant safeguards
Individual cost limit with specified exceptions and participant safeguards.
Exceptions (ONE of)
- Beneficiary receiving Supported Living Level III requiring 24-hour support may request services exceeding $135,000 through the ISP/plan update and prior approval by the beneficiary's LME/MCO.
- Beneficiaries not utilizing Supported Living Level III may have Assistive Technology, Home Modifications and Vehicle Modifications added in addition to the $135,000 limit to ensure health, safety and wellbeing.
Capacity, selection, and waiting list
Participant selection, capacity and waitlist procedures.
Waiver Coverage and Level-of-Care Criteria
Criteria used to determine need for waiver services and to align community supports with institutional levels of care.
LOC Nursing Facility (ONE of)
- Modified Rancho Los Amigos Level IV–VIII AND cognitive support needs as specified (impairment in Awareness, Communication, Judgment, Memory, Planning, Problem Solving) per instrument.
- Behavior Assessment Grid indicates impairment in two or more listed behavioral areas and behavioral support needs meet specified frequencies/levels.
- Requires specialized cognitive/behavioral supports available in a nursing facility that provides brain injury services (may not be resident but requires that LOC).
LOC Specialty Hospital (ONE of)
- Behavior Assessment Grid indicates present and severe impairments in two or more specified areas (e.g., physical aggression, injury to others/self, damage to property, inappropriate sexual activity).
- Requires intensive behavior intervention and a 24-hour formal behavioral support plan; needs services/supports that exceed TBIW-NF.
LOC Evaluation and QA Criteria
Requirements and operational rules for LOC evaluation, reevaluation, recordkeeping and QA.
Day Supports coverage criteria
Day Supports (Day Habilitation) service specification, provider requirements, billing and exclusions.
Personal Care criteria
Personal Care service coverage, settings, exclusions and limits.
Day Supports and Residential Supports criteria
Day Supports and Residential Supports service descriptions, provider qualifications, verification and operational limits.
Residential Supports coverage and exclusions
Residential Supports coverage scope, permitted settings, service components and exclusions.
Coverage criteria for Resource Facilitation and Respite
Coverage criteria, provider qualifications, exclusions and delivery methods for Resource Facilitation and Respite.
Supported Employment coverage criteria
Supported Employment service inclusions, long-term supports, exclusions and limits.
Provider qualifications
Provider qualification requirements for Respite and Supported Employment providers.
Waiver coverage criteria for rehabilitation therapies
Waiver-funded rehabilitation therapies are provided as extended State Plan services when State Plan limits are exhausted and require MCO prior authorization.
Waiver service coverage criteria
Coverage rules and documentation requirements for Speech-Language Therapy and Assistive Technology; medical necessity and provider requirements.
Cognitive Rehabilitation coverage criteria
Cognitive Rehabilitation (CR) coverage limits and provider qualifications.
Assistive Technology provider criteria
Assistive Technology provider specifications and verification responsibilities.
Community Networking Criteria
Community Networking service criteria, included activities, monetary limits and exclusions.
Community Transition Criteria
Community Transition coverage criteria, included one-time items, exclusions, monetary limit and provider types.
Crisis Supports Criteria
Crisis Supports coverage and operational requirements for immediate intervention and stabilization.
Codes, Limits, and Key Numeric Rules
| 42 CFR §440.10 | Hospital level of care definition referenced |
| 42 CFR §440.40 | Nursing Facility level of care referenced |
| 42 CFR §440.150 | ICF/IID definition referenced |
| FFP not claimed when another third party is legally liable; providers must collect insurance information and bill other liable third parties or certify non-payment. |
| No CPT/HCPCS/ICD codes specified in this section. |
| Level of care aligns with SNF and Specialty Hospital eligibility as defined in Division of Health Benefits Clinical Coverage Policy |
| Day Supports billed in 1-hour increments; an individual must receive Day Supports 15 minutes before the 1-hour unit may be billed. |
| 08030 | personal care (HCBS taxonomy sub-category) |
| 02011 | group living, residential habilitation (HCBS taxonomy sub-category) |
| 02011 | group living, residential habilitation (HCBS taxonomy sub-category) |
| 17990 | Other (Resource Facilitation) - HCBS taxonomy sub-category for Resource Facilitation |
| 09012 | Respite, in-home |
| 09011 | Respite, out-of-home |
| 03 | Supported Employment category (job development and ongoing supported employment subcategories) |
| 03010 | job development |
| 03021 | ongoing supported employment, individual |
| 03022 | ongoing supported employment, group |
| 11080 | occupational therapy |
| 11090 | physical therapy |
| 11100 | speech, hearing, and language therapy |
| 11100 | speech, hearing, and language therapy |
| 14010 | personal emergency response system (PERS) |
| 14020 | home and/or vehicle accessibility adaptations |
| 14031 | equipment and technology |
| 14032 | supplies |
| 11120 | cognitive rehabilitative therapy (HCBS taxonomy sub-category) |
| 13010 | participant training (Community Networking) |
| 16010 | Community Transition services |
| 10030 | Crisis intervention (Crisis Supports) |
Authorization, Billing, and Verification Responsibilities
Authorize services only by ISP
Waiver services are authorized only through the Individual Support Plan (ISP) developed via person-centered planning; the ISP lists waiver services, projected frequency, provider type, complementary supports, and is subject to Medicaid agency approval. Beneficiaries may select any willing, qualified provider and have a care coordinator as specified in the ISP process.
- All waiver services furnished pursuant to the ISP; FFP is not claimed for services furnished prior to development of the ISP.
- ISP must document waiver services, frequency, provider type, and other supports; Medicaid agency approval required.
Develop and obtain approval for participant-centered service plan
A participant-centered service plan must be developed per 42 CFR §441.301(b)(1)(i) and approved by the Medicaid agency; Federal Financial Participation (FFP) cannot be claimed for waiver services provided before the service plan is developed or for services not listed in the plan.
- Service plan must describe waiver services furnished, projected frequency, provider type, and complementary services/supports.
- FFP not claimed for services prior to development of approved service plan.
Prior authorization responsibilities documented (matrix incomplete)
The application includes a responsibility matrix for prior authorization of waiver services, but the checkboxes for which entity holds prior authorization responsibility are not completed in this excerpt—PIHPs/MCOs remain responsible for utilization management and prior authorization as reflected elsewhere.
- Appendix A lists prior authorization as an operational function but specific assignments are blank.
- HCBS/TBI waiver funding requires prior authorization from the MCO for waiver-funded therapies and services of last resort.
Implement corrective action and immediate notification to State
PIHPs must implement corrective action plans for problems identified; the Division of Health Benefits (DHB) requires the corrective action plan and the PIHP must notify the State immediately if a beneficiary's health or safety is jeopardized.
- PIHPs address and correct problems case-by-case per contract; DHB monitors corrective action plans with the IMT.
- Immediate State notification required when health/safety of a beneficiary is jeopardized.
Prior approval required for cost-limit exceedance > $135,000
Requests for services or supports that would exceed the individual waiver cost limit of $135,000 must be prior approved through the beneficiary's Individual Support Plan or Plan Update and approved by the beneficiary's LME/MCO; approvals must be related to beneficiary needs and not for provider or caregiver convenience.
- Beneficiaries receiving Supported Living Level III with 24-hour support may request exceedance via ISP/plan update.
- Assistive Technology, Home and Vehicle Modifications may be used to exceed the limit for beneficiaries not using Supported Living Level III.
Apply via PIHP; complete intake screening and provide written notice
Individuals apply for the waiver through the PIHP; intake screening includes a comprehensive clinical review and administration of the NC TBI Risk/Support Needs Assessment, and the PIHP provides written notification of the outcome.
- Screening determines preliminary potential eligibility and whether the waiver can meet the individual's needs.
- If health/safety risks are identified, PIHP reviews assessments to determine service appropriateness.
Use reserved slots and priority access for emergencies and MFP
Reserved capacity slots are maintained for emergencies and for Money Follows the Person (MFP) when available; individuals meeting reserved criteria receive priority access to these slots.
- When reserved capacity is not available, individuals are prioritized based on non-reserved criteria (first-come, first-served).
Place unfunded eligible individuals on TBI Waiver Registry of Unmet Needs
When waiver funding is unavailable, potentially eligible individuals are placed on the TBI Waiver Registry of Unmet Needs; placement on the registry preserves their status for future enrollment when funding permits.
- Registry used for individuals determined potentially eligible but not immediately funded.
Conduct initial and annual LOC evaluations; re-evaluate within 30 days of change
Level-of-care (LOC) evaluations must be conducted initially and re-evaluated at least annually tied to the beneficiary's birth month; if a change in condition is identified, a re-evaluation must occur within 30 days.
- Annual re-evaluations completed by a Qualified Professional or care coordinator within the PIHP or community.
- PIHP must maintain a computerized tracking system of LOC evaluations, review data monthly, and retain LOC records for five years for beneficiaries over age 18.
Bill Day Supports in 1-hour units; require ≥15 minutes before billing
Day Supports (Day Habilitation) is billed in one-hour increments; an individual must receive a minimum of 15 minutes of Day Supports before an hour unit may be billed. The amount is subject to the 'Limit on Sets of Services' and EPSDT benefits must be exhausted prior to waiver use for individuals under 21.
- Billed in 1-hour unit increments; 15 minutes of service required before billing an hour unit.
- Service amount subject to Appendix C-4 limits and EPSDT exhaustion requirement for minors.
Meet agency licensing/certification and staff competency requirements
Agency providers (e.g., Adult Day Care Programs) must meet specified licensing, certification and competency standards: staff must be at least 18 years old, have CPR/First Aid training, a high school diploma/GED, pass criminal background checks, not be listed in the NC Health Care Abuse Registry, and paraprofessionals must be supervised per 10A NCAC 27G.0204.
- If providing transportation, staff must have a valid driver's license, safe driving record, and appropriate automobile liability insurance.
- Providers must be approved in the PIHP provider network.
Provider verifies hires; PIHP performs agency credential verification and sampling
Providers must verify employee qualifications at the time of hire; the PIHP verifies agency credentials on initial review and re-verifies agency credentials and a sample of employee qualifications at a frequency determined by the PIHP, no less than every three years.
- Provider responsibility: verify employee qualifications at hire.
- PIHP responsibility: initial credentialing and re-verification of agencies and sampled employee qualifications at least every three years.
Verify credentials prior to enrollment and re-verify ≥ every 3 years
Verification of provider and employee credentials is required prior to initial enrollment and must be repeated at least every three years thereafter.
- PIHP re-verification frequency: no less than every three years for agency credentials and sampled employee qualifications.
- Provider-level verification occurs at time of hiring.
Apply 'Limits on sets of services' and EPSDT exhaustion for Residential Supports
Residential Supports amounts are subject to the 'Limits on sets of services' in Appendix C-4; for individuals under age 21, EPSDT benefits must be exhausted before waiver services are used.
- Service limits and EPSDT exhaustion requirements apply to Residential Supports as specified in Appendix C.
PIHP credentials and monitors facilities; re-credential ≥ every 3 years
The PIHP credentials facilities at initial enrollment and re-credentials them at least every three years; the PIHP monitors facilities per the DHHS Monitoring Process.
- PIHP monitoring of facilities is conducted according to DHHS monitoring requirements.
Division of verification responsibilities between providers and PIHP
Providers verify employee qualifications when hired; the PIHP verifies credentials on initial review and re-verifies agency credentials and samples of employee qualifications at least every three years.
- Provider responsibility: verify at hire.
- PIHP responsibility: initial and periodic re-verification of agencies and employee samples no less than every three years.
PIHP and provider credential verification frequency and duties
PIHPs must verify and re-verify agency credentials on initial review and at a minimum every three years; providers must verify employee qualifications at hiring.
- PIHP verification cadence: initial credentialing and re-verification no less than every three years.
- Provider-level verification: at time of hire for each employee.
Require MCO prior authorization; waiver is payer of last resort
HCBS/TBI waiver services are funded as payer of last resort and require prior authorization from the MCO before waiver-funded services are provided.
- Waiver-funded rehabilitation therapies are provided only when State Plan limits are exhausted and require MCO prior authorization.
- Providers must document medical necessity and attempts to use other formal resources where applicable.
Obtain MCO prior authorization for waiver-funded therapies
Prior authorization from the MCO is required for waiver-funded therapies (occupational therapy, physical therapy, speech-language therapy) which are provided when State Plan limits are exhausted.
- Maximum combined annual units for each rehabilitation therapy is 3,120 units/year (1 unit = 15 minutes).
- EPSDT benefits must be exhausted for beneficiaries under 21 prior to waiver therapy use.
Exhaust EPSDT benefits before waiver services for beneficiaries <21
For individuals under 21 years old, all State Plan and EPSDT benefits must be exhausted prior to use of waiver services.
- EPSDT exhaustion requirement applies across multiple waiver services including Day Supports and rehabilitation therapies.
PIHP must verify Assistive Technology providers prior to first use
PIHPs must verify Assistive Technology provider qualifications prior to first use; Assistive Technology vendors must hold applicable state/local business licenses and meet state/local requirements for devices provided.
- Alert Response Centers must be staffed 24/7/365 by trained individuals and meet applicable state/local requirements.
- PIHP is responsible for verification of provider qualifications prior to first use.
PIHP initial and periodic credential verification for CR agencies
For Cognitive Rehabilitation provider agencies, the PIHP verifies agency credentials on initial review and re-verifies agency credentials, including a sample of employee qualifications, at a frequency determined by the PIHP but no less than every three years.
- PIHP must include sampling of employee qualifications during re-verification.
Provider agencies verify employee qualifications at hiring
Employer/provider agencies must verify employee qualifications at the time an employee is hired (for Cognitive Rehabilitation and other services).
- Provider verification at hire is an ongoing requirement tracked by PIHP during sampling and re-verification.
Allow verbal authorization for Crisis Supports with prompt ISP and budget updates
Crisis Supports may be verbally authorized for immediate intervention; following verbal authorization, the ISP and individual budget must be updated within five working days and the Comprehensive Crisis Plan updated within 14 days as warranted.
- Crisis Supports available 24/7 to intervene and stabilize individuals in acute crises.
- Post-authorization ISP and budget modifications within five working days; crisis plan updated within 14 days.
Key Terms and Service Definitions
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