New York

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Dates and Deadlines

All states must submit to CMS a plan for transitioning their current HCBS system into compliance with the new rule by March 17, 2015. States submitting a 1915(c) waiver renewal or amendment before March 17, 2015 must include a transition plan in that submission. States then have 120 days from that submission date to submit a transition plan for the remainder of their HCBS system.

  • In May, 2014, the New York State Department of Health posted the Office for People with Developmental Disabilities Waiver Renewal and Assessment Plan. Comments on the plan were due June 3, 2014.
  • In June, the state posted the Proposed Statewide Transition Plan. Comments  were due July 31, 2014.
  • The Department of Health held a webinar on July 28, 2014 about the rule.
  • On January 22, 2015, the Department of Health posted a presentation about the Revised Statewide Transition Plan to Comply with the HCBS Final Rule.
  • In February 2015, the state posted a Revised Statewide Transition Plan. Comments were due March 3, 2015.
  • OPWDD invites the public to comment on the Renewal Application by e-mail from Wednesday, December 23, 2015 through March 4, 2016. Comments may be submitted to
  • Public Comment period on Amended HCBS Statewide Transition Plan. Comments were accepted through August 19, 2016. Click here for information on how to submit your comments.

State DocumentsBack to TOP

NEW! Initial Approval with Milestones and a Resubmission Date. This letter is the communication CMS sends to the state notifying the state that public comment, input and summary requirements are met, the STP is sufficient, but systemic and/or site-specific assessments are not yet completed. The response to the state will vary dependent on whether the state has or has not identified settings that are presumed to have institutional characteristics and any information the state may wish CMS to consider under the heightened scrutiny process. CMS sent this letter to New York on November 16, 2018.

New York State Department of Health Page on the Settings Rule

Office of Persons with Developmental Disabilities (OPWDD) webpage on HCBS


Letter from CMS to New York regarding HCBS Rules and 1115 Waiver: HCBS letter to New York

ResourcesBack to TOP

Advocates for Adults with Intellectual and Developmental Disabilities Legal Clinic at Brooklyn Law School: a law school clinic that provides direct legal services and policy advocacy on behalf of adults with intellectual and developmental disabilities.

HCBS Toolkit (OPWDD)

NY Transformation Panel website (OPWDD)

NewsBack to TOP

OPWDD has joined together with the NYS Department of Health (DOH)

State PartnersBack to TOP

2 thoughts on “New York

    Kathy Mazzei said:
    August 27, 2017 at 7:16 pm

    I am a single parent of a 27 year old developmentally disabled male who resides with me in my home. I work full time. Need to know about reimbursement for EZLock for Daniel’s new wheelchair for my conversion van through the HCBS Waiver which he is enrolled. We reside in Long Island. Am being denied according to his MSC. Don’t think this is correct information? Please reply Thank ypu.

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