COVID-19

Miscellaneous

During the COVID-19 public health emergency (PHE) some telehealth related policies have focused around miscellaneous topics not included in the other topic areas, such as liability, health information privacy and special grants and pilots. These policies are temporary and most will expire at the end of the PHE.

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Disclaimer

PLEASE NOTE: CCHP is providing the following for informational purposes only. We are not providing legal advice or interpretation of the laws and regulations and policies. CCHP encourages you to check with the appropriate state agency for further information and direction. This information should not be construed as legal counsel. Consult with an attorney if you are seeking a legal opinion.

Federal

Last updated 06/30/2023

Federal Office of Civil Rights: FAQs on Telehealth and HIPAA

Federal Office of Civil Rights: FAQs on Telehealth and HIPAA during COVID-19

STATUS: HIPAA enforcement discretion ended with PHE. Providers have 90 days (until Aug. 9, 2023) to come into compliance. See: HHS Press Release.

Federal Office of Civil Rights: Notification of Enforcement Discretion for Telehealth Remote Communication during COVID

STATUS: HIPAA enforcement discretion ended with PHE. Providers have 90 days (until Aug. 9, 2023) to come into compliance. See: HHS Press Release.

Federal Office of Civil Rights:  Guidance on How HIPAA Rules Permit Covered Health Care Providers and Health Plans to Use Remote Communication Technologies for Audio-Only Telehealth

STATUS: Permanent

Federal Communications Commission: COVID-19 Telehealth Program

STATUS: Active

Federal Communications Commission: Emergency Broadband Benefit Program

STATUS: Active

HR 1319: American Rescue Plan Act of 2021

STATUS: Enacted

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Alabama

Last updated 06/19/2023

Medicaid: Telehealth Services after PHE

STATUS: Announces end of telehealth …

Medicaid: Telehealth Services after PHE

STATUS: Announces end of telehealth services approved during COVID-19 PHE May 31, 2023. Afterward, a new permanent policy took effect.

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Alaska

Last updated 06/19/2023

Division of Corporations, Business and Professional Licensing: Telemedicine Business Registry

Division of Corporations, Business and Professional Licensing: Telemedicine Business Registry

STATUS: Business registry has become permanent.

Medicaid: Telehealth Flexibilities Extended

STATUS: Extended beyond May 11, 2023 until proposed regulations are effective.

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Arkansas

Last updated 05/31/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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California

Last updated 06/28/2023

Department of Managed Health Care: All Plan Letter (20-007) Expand

STATUS: Varies, some policies expired at end of PHE

Department of Managed Health Care: All Plan Letter (20-032) Continuation of APL 20-013 & 20-009; FAQs

STATUS: Varies, some policies expired at end of PHE

STATUS: Varies, see updated guidance and DMC-ODS Requirements for most active information.

Medicaid: Behavioral Health Information Notice 20-068

STATUS: Varies, see updated guidance and DMC-ODS Requirements for most active information.

Medicaid 1915(c) Waiver: Appendix K Amendment to 1915(c) Home and Community-Based Services waivers and Assisted Living Waivers

STATUS: Active, until 6 months after end of federal PHE

Division of Workers’ Compensation: Emergency Rule Allowing Medical-Legal Evaluations via Telehealth/Emergency MLE Regulations Newsline

STATUS: Permanent

Division of Workers’ Compensation: List of Telehealth Services for Calendar Year 2023 (ZIP)

STATUS: Active consistent with Medicare updated list

Division of Workers’ Compensation: Order of the Administrative Director – Effective July 1, 2023

STATUS: Active – Updates workers’ compensation fee schedule consistent with Medicare including the current CMS list of Telehealth Services

Emergency Medical Services Authority: Out-of-State Personnel

STATUS: Expired February 28, 2023 per Policy Memo.

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Colorado

Last updated 08/04/2023

Department of Public Health: Public Health Orders and Executive Orders

Department of Public Health: Public Health Orders and Executive Orders

STATUS: COVID-19 Orders expired May 11, 2023.

Department of Regulatory Agencies: FAQs on COVID-19 Telehealth Services 

STATUS: Active and still available on Dept. of Regulatory Agencies COVID-19 Website (under Insurance), however other documents available on the website state that they have not been updated in light of the expiration of most statewide mandates.

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Connecticut

Last updated 07/14/2023

Governor Press Release: Governor Lamont announces Connecticut’s COVID-19 public health emergency declaration will end on May 11

STATUS: Effective May 11, 2023

Governor Executive Order: Declaration of a Continued Public Health Emergency

STATUS: Expired.  Was effective June 28, 2022 – December 28, 2022 or until the Federal PHE ends, whichever is earlier

Office of the Attorney General: Telehealth Security Guidance

STATUS: Active

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Delaware

Last updated 07/21/2023

No Reference Found

No Reference Found

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District of Columbia

Last updated 06/12/2023

Medicaid: Temporary Allowance of Telephonic Signature on Long Term Care Applications

STATUS: Active, expires on the 60th day after the end of the National PHE.

 

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Florida

Last updated 06/13/2023

FL Medicaid: Updated Co-Payment and Telemedicine Guidance for Medical and Behavioral Health Providers

STATUS: Co-payment/cost sharing allowance expires Sept. 30, 2024.

Medicaid 1915(c) Waiver: Appendix K Developmental Disabilities Individual Budgeting Waiver, Florida Long Term Care Program, Model Waiver, and Familial Dysautonomia Waiver

STATUS: Active, extends current waivers 6 months after the conclusion of the public health emergency

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Georgia

Last updated 05/31/2023

No Reference Found

No Reference Found

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Hawaii

Last updated 06/09/2023

No reference found.  

No reference found.

 

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Illinois

Last updated 06/21/2023

Medicaid:  RPM COVID-19 Program

STATUS: Active

Office of the Governor:

Iowa

Last updated 08/15/2023

No Reference Found

No Reference Found

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Kansas

Last updated 07/02/2023

Medicaid:  Telemedicine Billing Guidelines During COVID-19

STATUS: Active, until further …

Medicaid:  Telemedicine Billing Guidelines During COVID-19

STATUS: Active, until further notice. Still listed on COVID-19 KMAP Providers Information Page updated 7/7/2023, though telemedicine links on page are broken.

Medicaid 1915(c) Waiver: Appendix K – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Extension – Autism; Brain Injury, Frail Elderly, Intellectual & Developmental Disability; Physical Disability; Serious Emotional Disturbance; Technology Assisted Combined

STATUS: Active, expires six months post expiration of the federal Public Health Emergency declaration

Office of the Governor:  Executive Order on Broadband

STATUS: Active, until rescinded

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Kentucky

Last updated 07/12/2023

Medicaid 1915(c) Waiver:  Appendix K – Extension for Waivers Combined

STATUS: Active, extended six months after end of federal PHE

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Louisiana

Last updated 06/05/2023

Medicaid 1915(c) Waiver: Appendix K – Communities Choices & Adult Day Health Care Waiver Combined

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Addendum – Communities Choices & Adult Day Health Care Waiver Combined

STATUS: Active, expires 6 months after the conclusion of the Public Health Emergency (PHE)

Medicaid 1915(c) Waiver: Appendix K – New Opportunities Waiver, Residential Options Waiver, Children’s Choice Waiver, Supports Waiver

STATUS: Expired January 26, 2021; extended through Addendum

Medicaid 1915(c) Waiver: Appendix K Extension – New Opportunities Waiver, Residential Options Waiver, Children’s Choice Waiver, Supports Waiver

STATUS: Active, expires 6 months after the conclusion of the Public Health Emergency (PHE)

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Maryland

Last updated 05/24/2023

Medicaid 1915(c) Waiver: Extension Waiver for Children with Autism Spectrum Disorder; Waiver for Adults with Brain Injury; Home and Community Based Options Waiver; Model Waiver for Fragile Children (Model Waiver); and Medical Day Care Services Waiver

STATUS: Active, extends current waiver until six months after the PHE

Medicaid 1915(c) Waiver: Extension Family Supports, Community Supports, and, Community Pathways Waivers

STATUS: Active, extends current waiver until six months after the PHE

SB 1080: Allows Governor to Waive Telehealth Requirements

STATUS: Enacted

Office of the Governor: Executive Order terminates emergency and previous orders, though many flexibilities extended by legislation

STATUS: Enacted

HB 123/SB 3 : Extends many telehealth flexibilities including relaxed originating site restrictions, as well as audio-only and parity until June 30, 2023

STATUS: Enacted

HB 1148/SB 582/SB 534 – Effective June 1, 2023, extends audio-only and parity until June 30, 2025

STATUS: Enacted

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Massachusetts

Last updated 08/08/2023

No reference found.

No reference found.

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Michigan

Last updated 09/05/2023

Previous COVID-19 waivers expired.

Previous COVID-19 waivers expired.

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Minnesota

Last updated 06/27/2023

1135 Waiver: Brain Injury (BI) Waiver, Community Alternative Care (CAC) Waiver, Community Access for Disability Inclusion (CADI), Developmental Disabilities (DD) Waiver, and Elderly Waiver (EW)

STATUS: Active, extends current waivers until six months after the end of the Federal PHE for COVID-19

HF 33 (2021 Session): Extends COVID-19 Telehealth Waivers

STATUS: Enacted (Audio-only allowance expires June 30, 2023)

Medicaid: COVID-19 Telehealth Provider Manual

STATUS: Active

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Mississippi

Last updated 08/08/2023

Medicaid 1915(c) Waiver: Appendix K Addendum – Traumatic Brain Injury/Spinal Cord Injury Waiver; Independent Living Waiver; Elderly & Disabled Waiver; Assisted Living Waiver;  Intellectual Disabilities/Developmental Disabilities Waiver

STATUS: Active, Addendum to approved waivers and expires 6 months following the end of the PHE

HB 1793: Postsecondary Education

STATUS: Enacted

SB 3046 & SB 3054: Broadband Grants

STATUS: Enacted

SB 3049: Liability

STATUS: Enacted

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Missouri

Last updated 09/05/2023

Medicaid 1915(c) Waiver: Appendix K – AIDS Waiver

STATUS: Active, …

Medicaid 1915(c) Waiver: Appendix K – AIDS Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – AIDS Waiver

STATUS: STATUS: Active, Addendum waiver extending current waivers no later than 6 months after the expiration of the PHE

Medicaid 1915(c) Waiver: Appendix K – Medically Fragile Adult Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – Medically Fragile Adult Waiver

STATUS: STATUS: Active, Addendum waiver extending current waivers no later than 6 months after the expiration of the PHE

Medicaid 1915(c) Waiver: Appendix K – Brain Injury Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – Brain Injury Waiver

STATUS: STATUS: Active, Addendum waiver extending current waivers no later than 6 months after the expiration of the PHE

Medicaid 1915(c) Waiver: Appendix K – Aged and Disabled Waiver Adult Day Care Waiver Independent Living Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – Aged and Disabled Waiver Adult Day Care Waiver Independent Living Waiver

STATUS: Active, Addendum waiver extending current waivers no later than 6 months after the expiration of the PHE

Medicaid 1915(c) Waiver: Appendix K – Comprehensive Waiver, Community Support Waiver, Partnership for Hope Waiver, Missouri Children with Developmental Disabilities Waiver

STATUS: Active, expires no later than 6 months after the expiration of the PHE (see extension below)

Medicaid 1915(c) Waiver: Appendix K Addendum – Comprehensive Waiver, Community Support Waiver, Partnership for Hope Waiver, Missouri Children with Developmental Disabilities Waiver

STATUS: Active, Addendum extending current waivers no later than 6 months after the expiration of the PHE

 

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Montana

Last updated 06/05/2023

Previous COVID-19 waivers expired. No reference found.

Previous COVID-19 waivers expired. No reference found.

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Nebraska

Last updated 08/08/2023

No reference found.

No reference found.

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Nevada

Last updated 07/17/2023

No reference found.

No reference found.

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New Hampshire

Last updated 07/13/2023

New Jersey

Last updated 08/14/2023

Department of Consumer Affairs:  Grants Alcohol and Drug Counselor Interns

Department of Consumer Affairs:  Grants Alcohol and Drug Counselor Interns working in certain settings a CADC temporary certification allowing them to perform telehealth and telemedicine

STATUS: Active until the end of the state of emergency or the public health emergency, whichever is later. State PHE has ended, but State of Emergency continues.

S 2467: Extends duration of telehealth COVID expansions

STATUS: Enacted

AB 3860: Telehealth Requirements

STATUS: Enacted

S 2333: Telehealth Immunity

STATUS: Enacted

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New Mexico

Last updated 06/19/2023

Speech Language Pathology Board:  Guidance for Providing Patient Care by

Speech Language Pathology Board:  Guidance for Providing Patient Care by Electronic Means During the COVID-19 Public Health Emergency

STATUS: Archived. Likely expired.

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New York

Last updated 06/01/2023

Office of Mental Health: Regulatory Waiver to Help Service Providers Meet Local Needs

STATUS: Expired June 1, 2023.

Office of Mental Health: Assisted Outpatient Treatment (AOT) Frequently Asked Questions

STATUS: Unclear if still active since state and federal emergencies ended, but telehealth provisions likely still active given many policies have since been made permanent

Office of Mental Health: Streamlined process to permanently add telemental health

STATUS: NY state of emergency ended but most telehealth & telephonic policies made permanent

Office of Professions: Telepractice Guidance

STATUS: Active

Office of Professions: COVID-19 FAQs

STATUS: Active

Medicaid 1915(c) Waiver: Appendix K – Nursing Home Transition and Diversion (NHTD) and Traumatic Brain Injury (TBI)

STATUS: Active, expires six months after the end of the federal PHE.

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Ohio

Last updated 06/07/2023

No Reference Found

No Reference Found

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Oklahoma

Last updated 07/02/2023

Medicaid: 2023 Provider Updates

STATUS: PHE allowances expired. OHCA will …

Medicaid: 2023 Provider Updates

STATUS: PHE allowances expired. OHCA will continue to allow select medical and behavioral health services via telehealth.

Medicaid 1915(c) Waiver: Appendix K – In Home Supports Waiver for Adults

STATUS: Expires six months after Public Health Emergency expiration

Medicaid 1915(c) Waiver: Appendix K – Medically Fragile Waiver (miscellaneous)

STATUS: Expires six months after Public Health Emergency expiration

Medicaid 1915(c) Waiver: Appendix K Addendum – Advantage Waiver; Medically Fragile Waiver Combined (miscellaneous)

STATUS: Expires six months after Public Health Emergency expiration.

Medicaid 1915(c) Waiver: Appendix K Addendum – Community Waiver; Homeward Bound Waiver; In Home Supports Waiver for Adults; In Home Supports Waiver for Children; Medically Fragile Waiver Combined

STATUS: Active, expires six months after Public Health Emergency expiration

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Oregon

Last updated 07/31/2023

Medicaid 1915(c) Waiver: Appendix K Addendum – Aging and People with Disabilities

STATUS: Active, expires six months beyond the end date of the federal Public Health Emergency (PHE)

Medicaid 1915(c) Waiver: Appendix K – Children’s HCBS Waiver, Adults’ HCBS Waiver, Medically Involved Children’s Waiver (MICW), Medically Fragile (Hospital) Model, Behavioral (ICF/IDD) Model Waiver Combined

STATUS: Active, expires six months beyond the end date of the federal Public Health Emergency (PHE)

Medicaid 1915(c) Waiver: Appendix K Addendum – Children’s HCBS Waiver, Adults’ HCBS Waiver, Medically Involved Children’s Waiver (MICW), Medically Fragile (Hospital) Model, Behavioral (ICF/IDD) Model Waiver Combined

STATUS: Active, expires six months beyond the end date of the federal Public Health Emergency (PHE)

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Pennsylvania

Last updated 09/10/2023

Medicaid 1915(c) Waiver: Appendix K Addendum – Consolidated Waiver; Community Living Waiver; Person/Family Directed Support Waiver; Adult Autism Waiver Combined

STATUS: Active, until six months after the end of the COVID-19 Public Health Emergency

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Puerto Rico

Last updated 07/12/2023

Telemedicine Certification Requirement Waived During Pandemic – Ruling Letter CN

Telemedicine Certification Requirement Waived During Pandemic – Ruling Letter CN – 2020-270-D

Status: Repealed

Admin Order 470

Status: Appears to be Active

Admin Order 449

Status: Appears to be Active

Admin Order 438

Status: Appears to be Active

Telemedicine Program in Puerto Rico – Use of CARES funds to ensure patients access to services via telehealth and audio-only services by providing providers in Puerto Rico’s Health Care System funds to provide services.

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Rhode Island

Last updated 05/24/2023

Office of the Governor: Extension of Executive Order 23-05

STATUS: Expired May 5.

Office of the Governor: Extension of Executive Order 23-05

STATUS: Expired May 5.

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Tennessee

Last updated 08/30/2023

No Reference Found

No Reference Found

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Texas

Last updated 08/21/2023

Medicaid 1915(c) Waiver: Extension of Waivers

STATUS: Expired.

Medicaid 1915(c) Waiver: Extension of Waivers

STATUS: Expired.

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Vermont

Last updated 07/12/2023

H. 411 (Act 4): Waiver of certain store-and-forward requirements related to HIPAA when compliant with federal law

STATUS:  Expires March 31, 2024.

Act 140: Emergency Telehealth Law

STATUS: Enacted – Resolved by Act 117. See below.

H 965:  Coronavirus Relief Fund

STATUS: Enacted.

H 966:  Broadband Connectivity Program

STATUS: Enacted.

H 960: Store and Forward

STATUS: Enacted. Flexibilities/extensions have expired.

Act 117:  Telehealth Flexibilities & Audio-Only

STATUS: Enacted. Flexibilities/extensions have expired.

H 654: Extending COVID-19 Health Care Regulatory Flexibility

Status: Enacted. Extensions have expired.

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Virgin Islands

Last updated 07/25/2023

No reference found.

No reference found.

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Virginia

Last updated 08/15/2023

Medicaid 1915(c) Waiver: Appendix K Addendum – Extension

STATUS:  Extends …

Medicaid 1915(c) Waiver: Appendix K Addendum – Extension

STATUS:  Extends Waivers out to six months after end of PHE.

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Washington

Last updated 06/21/2023

Medicaid: No Cost Zoom Licenses

STATUS: Reached license capacity

Medicaid …

Medicaid: No Cost Zoom Licenses

STATUS: Reached license capacity

Medicaid 1915(c) Waiver: COPES Waiver; Residential Support Waiver; New Freedom Waiver

STATUS: Active, extends the end date of current waivers listed until 6 months following the end of the Federal PHE

Medicaid 1915(c) Waiver: Basic Plus; Individual and Family Services, Core, Community Protection, Children’s Intensive In home Behavior Support

STATUS: Active, extends the end date of current waivers listed until 6 months following the end of the Federal PHE

Emergency Rule: Home health and hospice supervision; updated telemedicine definition

STATUS: Effective November 23, 2022/Superseded by Permanent Rules effective January 11, 2023

Emergency Rule: Temporary Worker Housing, Includes Telehealth Options – Dept. of Labor; Dept. of Health

STATUS: Effective Sept. 16, 2022

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West Virginia

Last updated 05/25/2023

Medicaid 1915(c) Waiver: Extension for waivers combined

STATUS: Active, extended …

Medicaid 1915(c) Waiver: Extension for waivers combined

STATUS: Active, extended six months following end of PHE.

Office of the Governor: Proclamation Ending State of Emergency

STATUS: Effective January 1, 2023

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Wisconsin

Last updated 08/30/2023

No reference found.

No reference found.

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Wyoming

Last updated 05/24/2023

Medicaid 1915(c) Waiver: Appendix K – Community Choices Waiver

STATUS: …

Medicaid 1915(c) Waiver: Appendix K – Community Choices Waiver

STATUS: Expired January 26, 2021; extended through 6 months after conclusion of PHE.

Medicaid 1915(c) Waiver: Appendix K – Community Choices Waiver

STATUS: Expired January 26, 2021; extended through 6 months after conclusion of PHE.

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COVID-19

Miscellaneous

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