New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities
Subpart 635-10 - Provision of Home and Community-Based Waiver Services
Section 635-10.1 - Applicability
Current through Register Vol. 47, No. 12, March 26, 2025
(a) This Subpart contains requirements and specifications relative to the provision of home and community-based services (HCBS) waiver as authorized by the Secretary of the United States Department of Health and Human services pursuant to section 1915(c) of the Social Security Act (see glossary).
(b) All providers of home and community-based waiver services shall be authorized pursuant to a Medicaid provider agreement issued and approved by the New York State Department of Social services specific to the type of services being offered.
(c) In addition, all authorized HCBS waiver providers shall comply with the requirements of Parts 624 and 633 of this Title.
(d) Also authorized pursuant to the HCBS waiver referenced in subdivision (a) of this section, are community residential habilitation services provided in OPWDD-certified community residences pursuant to Part 671 of this Title.
(e) The allowable activities for waiver community residential habilitation services provided in accordance with Part 671 of this Title are not subject to the provisions of section 635-10.4(b)(1) of this Subpart.
