In July of 2025, the Bureau of Disabilities Services (BDS) issued public notice on the intent to submit amendments to the Family Support (FS), Community Integration and Habilitation (CIH), Health and Wellness (H&W), and Traumatic Brain Injury (TBI) Waivers to the Centers for Medicare and Medicaid Services (CMS) for consideration.
The 30-day public comment period concluded on August 9, 2025. Following review and consideration of public comment, the BDS has submitted the amendments to CMS for review. BDS intent, with CMS approval, is to move forward with the proposed limits presented in those amendments for Recreational Therapy, Music therapy, and the service changes to Behavior Support Services.
The Bureau’s transition plan for these service limit changes includes the ability for individuals to maintain the service they are receiving up to the effective date of this change. Any service plan as of December 31, 2025, that includes services in excess of the proposed limitations, must be updated by the waiver effective date, to ensure compliance with the new limits.
Therefore, individuals will be able to continue receiving their current approved hours until December 31,2025. After this date, all hours must be adjusted to meet the new service limits requirements. Individuals should be working with their case manager now to appropriately plan for any changes in services necessary to ensure compliance with the service limitations. If individuals in services have questions about their service plan, they can contact their waiver case manager.
