Seven conditions apply, including no material rise in waits
What the document says“The State demonstrates to the Secretary that approval of a waiver under this subsection with respect to individuals described in clause (iii) will not result in a material increase of the average amount of time that individuals”
The section requires the State, as a condition of approval, to have its other waivers in order, to show the new waiver will not materially increase how long others wait for services, to set needs-based criteria the Secretary approves for who qualifies without a nursing home level of care determination, to set stricter needs-based criteria for institutional level of care, to attest that average per capita spending will not top that for institutional care, and to give the Secretary data on numbers served and, at least annually, on services furnished, how long people receive them, comparisons with other groups, and how many were served in the year.
What the document actually says“The State demonstrates to the Secretary that approval of a waiver under this subsection with respect to individuals described in clause (iii) will not result in a material increase of the average amount of time that individuals”
The state must show the Secretary one thing. The new waiver must not add much to how long others wait.
That is measured as an average. Six other tests also apply. They cover who may join, what it costs and what data is sent.
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