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Publications iconKansas Register

Volume 42 - Issue 27 - July 6, 2023

State of Kansas

Department of Health and Environment
Division of Health Care Finance

Request for Comments

The Kansas Department of Health and Environment, Division of Health Care Finance (KDHE-DHCF) in partnership with Kansas Department for Aging and Disability Services (KDADS), requests approval from the Centers for Medicare and Medicaid Services (CMS)to amend the 1915(c) home and community-based services (HCBS) waivers and submit a new section 1915(b) waiver, to allow for a change in Medicaid authority for mandatory managed care enrollment from the section 1115 waiver to a section 1915(b) waiver. This change impacts the following HCBS waivers:

  • Serious Emotional Disturbance Waiver
  • Autism Waiver
  • HCBS - Intellectual/Developmental Disabilities (I/DD) Waiver
  • HCBS Brain Injury Waiver
  • HCBS for the Frail Elderly
  • Physical Disability Waiver

The Technology Assisted Waver is currently in renewal and will be amended after CMS approval.

The 1915(b) waiver will mandate managed care enrollment for the following Medicaid eligibility groups regardless of their enrollment in a 1915(c) waiver:

  • Foster care and adoption assistance children including any former foster care youth.
  • Individuals dually eligible for Medicare and Medicaid.
  • Adults and children receiving Supplemental Security Income (SSI) or who would otherwise receive SSI.
  • Ticket to work and working disabled persons.

KDHE-DHCF believes there will be no impact to beneficiaries since the amendments to the 1915(c) waivers and new 1915(b) waiver are changing the Medicaid authority under which mandatory managed care enrollment is authorized and the change is not impacting beneficiary coverage.

The proposed effective date of the amendments is January 1, 2024.

Comment Process

The full public notice statement and complete version of the proposed amendments for review can be found at

Draft copies of the proposed amendments may also be found at a Local Health Department (LHD) or at front desk of the Kansas Department of Health and Environment, Division of Health Care Finance, at the address below. Locate the nearest LHD by visiting

Question or comments may be addressed to Amy Gajda, KDHE/Division of Health Care Finance, 900 SW Jackson, Room 900-N, Topeka, KS 66612-1220, or email

Those needing accessibility assistance in order to understand the documents as posed in order to review or respond to the proposed amendment may also contact Amy Gajda by phone at 7852968046 or at the email above.

Comments may be submitted from July 6, 2023 until 12:00 a.m. August 5, 2023.

Sarah Fertig
State Medicaid Director
Division of Health Care Finance
Department of Health and Environment

Doc. No. 051284