Update (August 15, 2014) The purpose of this message is to notify interested stakeholders of an error in the Family Care stakeholder briefing materials sent on July 30, 2014. The Department is correcting the statement “subminimum wage agreements would no longer be permissible” for prevocational services (page 6 of the Summary of Significant Revisions to Existing 1915(c) Waiver Services, #2 Prevocational Services). There is no prohibition on the use of subminimum wage agreements in the Department’s Transition Plan or in the Waiver renewal currently available for public comment. The Department regrets this error.
As the Division of Long Term Care staff indicated at the stakeholder meeting, CMS has not issued guidance to states on how to assess adult day, prevocational and employment settings for compliance with the new waiver rule. CMS does not know when this guidance will be issued to states.