NYS DOH HCBS Versus State Plan Services Delivered During School/Day Time Guidance

The New York State Department of Health (DOH) has issued guidelines on providing Home and Communty Based Services (HCBS) during school hours. Home and Community Based Services (HCBS) cannot be provided in K-12 educational settings including home school/virtual settings. Home and Community Based Services (HCBS) such as Community Habilitation and Respite cannot be duplicative or delivered at the same time as services otherwise available to the person through a local educational agency for educational services in grades K-12 under the Individuals with Disabilities Education Act (IDEA) or Vocational Rehabilitation under the Rehabilitation Act of 1973. Medicaid waiver funding may not be used to pay for special education and related services that are included in a child’s Individualized Educational Plan (IEP) under the provisions of Individuals with Disabilities Education Improvement Act of 2004 (IDEA). This funding restriction applies to HCBS provided to people enrolled in K-12 education during scheduled time for educational instruction, even when the child is home schooled or receiving virtual instruction. 

This resource is for New York City and New York State residents. 


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