Medicaid and RA Protections during COVID-19:

NC Medicaid Associations:

As a reminder, federal law requires all Medicaid providers in North Carolina to comply with the Americans with Disabilities Act (ADA) and Rehabilitation Act, which includes providing reasonable accommodations for people living with disabilities. Two publications provide information and guidance regarding individual rights and visitors in health care settings:

• “Civil Rights, HIPAA, and the Coronavirus Disease 2019 (COVID-19)”  (https://www.hhs.gov/sites/default/files/ocr-bulletin-3-28-20.pdf) released in March by U.S. Department of Health and Human Services Office of Civil Rights (OCR). The objective by OCR is to ensure that entities covered by civil rights authorities keep in mind their obligations under laws and regulations that prohibit discrimination on the basis of race, color, national origin, disability, age, sex, and exercise of conscience and religion in HHS-funded programs.
• “Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings” released in April, providing U.S. Centers for Disease Control (CDC) guidance regarding allowing visitors who are essential for the patient’s physical or emotional well-being and care. https://www.cdc.gov/coronavirus/2019-ncov/hcp/infection-control-recommendations.html.

For individuals with a cognitive impairment or intellectual disability, it is important to ensure the individual has adequate support for decision-making and treatment. These individuals may need to have a caregiver accompany them in either the ambulance or in the hospital. Accompaniment should be allowed in accordance with the guidance above.

For more information, please refer to “SPECIAL BULLETIN COVID-19 #83: Title II Americans with Disabilities Act (ADA) and Section 504 Rehabilitation Act (RA) Protections during the COVID-19 Pandemic” on the NC Medicaid website.

Appendix K Update:

Below are links to the Innovations and TBI Waiver Appendix K FAQs. They are posted on both the COVID BH Guidance site and the Innovations webpage

These were a compilation of questions from webinars and other contacts we had and we hope they provide helpful answers and guidance.

https://www.ncdhhs.gov/divisions/public-health/covid19/covid-19-guidance#behavioral-health

https://medicaid.ncdhhs.gov/providers/programs-and-services/behavioral-health-idd/nc-innovations-waiver