Hudson Secures Federal Waiver for Special Needs Students
September 22, 2020
WASHINGTON, D.C. – U.S. Representative Richard Hudson (NC-08) announced that he has helped secure a waiver to ensure special needs students can use respite hours and access caregiving services during remote learning due to the COVID-19 pandemic.
On Sept. 21, the Centers for Medicare and Medicaid Services (CMS) notified Rep. Hudson that it approved North Carolina's request to amend a 1915(c) Home and Community-Based Services waiver in order to respond to the COVID-19 pandemic. This amendment is effective from Aug. 17, 2020 through March 12, 2021.
"As soon as I heard about this issue, I made it a priority for the Trump administration to get support for special needs children in our community," said Rep. Hudson. "After contacting Administrator Verma directly, I am thrilled that CMS has granted this waiver for North Carolina. While the COVID-19 pandemic has created many challenges, families with special needs children deserve the peace-of-mind that they can continue to access caregiving services during this time."
North Carolina created the CAP-C program under the Section 1915(c) waivers to provide home and community-based services to children at risk for institutionalization in a nursing home. Under Section 1915(c) of the Social Security Act, state Medicaid Innovation Waiver services cannot duplicate services provided under the Individuals with Disabilities Education (IDEA) Act. This is an appropriate safeguard during normal times when students are able to attend school, but in a pandemic when children may be kept at home, these safeguards would not allow the program's intended purposes to work. While these services were initially allowed to be used in conjunction with remote learning, guidance changed last month to prevent the CAP-C program from being used in conjunction with remote learning.
Rep. Hudson got to work on a solution as soon as he was made aware of this issue in August. After hearing from approximately 50 families concerned that special needs children would be unable to learn during school hours because of technical requirements that did not reflect the pragmatic needs from the current COVID-19 pandemic, Rep. Hudson wrote to CMS Administrator Verma to take action immediately to rectify this situation. Yesterday's announcement from CMS is a direct result of Rep. Hudson's efforts.
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