Time to Get Caught Up!

August 08, 2023

This will be a bit of a disconnected list of things you should know:

• DMAS is hosting a “Southwest Provider Summit” on August 24th from 9am to 4pm – the details are available here.    It is a conversation on several topics but it includes behavioral health. 
• CMS has issued a letter of guidance to the State Medicaid Directors which includes the provision for possible extension of some of the provisions which had been allowed under the Public Health Emergency (PHE) – specifically the flexibilities expected to end six months after the end of the PHE (November 11, 2023) “may be extended if the state takes action by November 11, 2023 to incorporate desired Appendix K provisions into underlying HCBS programs.”  This action prevents a lapse in the authority while waiting for the necessary steps to be taken to incorporate them into existing HCBS programs.  Not all flexibilites are eligible and it is entirely at the discretion of the state.  We will keep you up to date about any proposals in Virginia.
• There was a “Status Conference” with Judge Gibney, DOJ and the Commonwealth recently.  While the Commonwealth was formally “relieved” of 35 of the indicators (though the tasks continue and reporting must go on) the remainder will continue to be expected following the formal end of the “Settlement Agreement.”   In addition the Commonwealth and DOJ were asked to block December 11-15, 2023 for a possible “contempt” hearing while the Judge also asked for proposals on how the oversight could be reinstituted if/when the Settlement Agreement ends.  This is a short, and not very scholarly, narrative of a complex court procedure; but even without the legal nuance it is easy to see the bottom line.  From the perspective of the providers, little will change and the burden will not be less.  And last,
• We still do not have an amended budget for FY24.  The Governor continues to push and the Senate & House continue to negotiate on the size of the tax relief package – it will happen eventually (probably), but I’m sure by that time it will all seem anticlimactic!