New York's main Medicaid home-care waiver for seniors and disabled adults, the Nursing Home Transition and Diversion (NHTD) waiver, is effectively closed to new entrants as of early 2026. CMS approved a 9,400-participant cap on November 23, 2025; enrollment reached approximately 12,700 by mid-January 2026; and NYSDOH has suspended new referrals without maintaining a formal waiting list. This guide covers every Medicaid HCBS authority operating in New York in 2026: the four 1915(c) waivers (NHTD, TBI, OPWDD Comprehensive, and the consolidated Children's Waiver), the 1915(k) Community First Choice Option, the 1115 MRT demonstration's behavioral-health HCBS, and Money Follows the Person / Open Doors, plus where new applicants can turn when NHTD is unavailable.

This guide is built for families, hospital discharge planners, elder-law attorneys, Independent Living Center staff, Care Coordination Organizations, and anyone navigating the maze of New York's overlapping waiver authorities.


TL;DR, The 10 Things to Know About New York HCBS Waivers in 2026

  1. Four 1915(c) waivers operate in New York in 2026: NHTD (CMS # NY.0444), TBI (NY.0269), OPWDD Comprehensive (NY.0238), and the consolidated Children's Waiver (NY.4125). The legacy LTHHCP was terminated in 2013 (transition complete by 2016), do not list it as active.
  2. NHTD enrollment is FROZEN. CMS approved a 9,400-participant cap on November 23, 2025. By mid-January 2026 enrollment had reached approximately 12,700. NYSDOH has suspended new referrals and chosen not to maintain a formal waiting list.
  3. TBI waiver is operating normally through its 5-year renewal: NY.0269.R05.00 was approved by CMS on November 28, 2022 and runs September 1, 2022 through August 31, 2027. There is no administrative cap on TBI in 2026.
  4. NHTD and TBI are still carved OUT of MLTC. The most recent administrative target for an NHTD carve-IN to MLTC is January 1, 2027. S806 / A1349 (Senator Rivera / Assemblymember Gunther, 2025-2026 session) would permanently carve TBI out and extend NHTD's carve-out through April 1, 2027, pending in the legislature as of May 2026.
  5. OPWDD Comprehensive Waiver (NY.0238.R07.00) was renewed by CMS effective October 1, 2024 through September 30, 2029, covering approximately 100,000 New Yorkers with intellectual or developmental disabilities. The latest amendment is effective April 1, 2025. CANS / CAS assessments are required effective June 1, 2026, without a valid assessment, OPWDD will not review a participant's budget.
  6. Children's Waiver (NY.4125.R06.03) consolidated 6 prior children's waivers in April 2019. The April 1, 2026 amendment removed Maximus as the C-YES / Independent Entity for Medicaid-enrolled children (Health Homes now perform HCBS Eligibility Determination), kept the State-operated C-YES program for non-Medicaid children, and rolled Day Habilitation into Community Habilitation.
  7. New York has elected the 1915(k) Community First Choice Option (CFCO), implemented 2018-2019. CFCO services are an entitlement (no waiver, no waiting list) and earn New York a 6-percentage-point FMAP increase on those services.
  8. New York does NOT have a stand-alone 1915(i) State Plan HCBS authority. Behavioral-health HCBS for HARP members are authorized through the 1115 MRT demonstration, which federal sources occasionally describe as "1915(i)-like."
  9. 2026 community Medicaid limits (the eligibility category most adult waiver applicants use): approximately $1,836/month income and $33,038 in resources for a single applicant. A pooled income trust remains the standard income-spend-down vehicle.
  10. OBBBA Section 71121 (the One Big Beautiful Bill Act, P.L. 119-21, July 4, 2025) creates a new 1915(c) waiver authority effective July 1, 2028 that does NOT require an institutional level of care. This could materially expand HCBS access if New York adopts it.

1. What Is an HCBS Waiver?

1.1 The federal waiver concept

Section 1915 of the Social Security Act gives states the authority to "waive" certain rules of the regular Medicaid State Plan in order to deliver care in homes and communities rather than in institutions.

The most important of these authorities is § 1915(c) (42 USC § 1396n(c)), which lets states waive:

  • Statewideness, services don't have to be available in every county;
  • Comparability, services don't have to be the same for every Medicaid recipient;
  • Income-and-resource rules, institutional rules can be applied to community applicants (which makes Medicaid available to people who would otherwise be income-ineligible if their parents' or spouses' resources were counted).

In return, the state must serve a defined target population that needs an institutional level of care (a nursing facility, an intermediate-care facility for individuals with intellectual disabilities, or a hospital), keep average waiver costs at or below institutional costs ("cost neutrality"), and meet detailed federal requirements for person-centered planning, conflict-free case management, settings, and quality.

1.2 The five waiver authorities, how New York uses each

Authority Federal citation What it does New York's use
§ 1915(c) 42 USC § 1396n(c) HCBS waiver, institutional LOC required YES, 4 active waivers (NHTD, TBI, OPWDD, Children's)
§ 1915(i) 42 USC § 1396n(i) State Plan HCBS, no institutional LOC; cannot be capped/wait-listed except in narrow circumstances NO standalone 1915(i), BH HCBS for HARP run under 1115
§ 1915(j) 42 USC § 1396n(j) Self-Directed Personal Assistance Partially, CDPAP runs primarily under State Plan + 1115 + CFC
§ 1915(k) 42 USC § 1396n(k) Community First Choice Option (CFCO), entitlement, +6 FMAP YES, implemented 2018-2019
§ 1115 42 USC § 1315 Demonstration authority YES, current MRT 1115 expires 3/31/2027

The federal regulations governing 1915(c) waivers are at 42 CFR Part 441 Subpart G.

1.3 The HCBS Settings Rule

Effective March 17, 2023 (after multiple delays), the HCBS Settings Rule at 42 CFR § 441.301(c)(4) requires every HCBS setting to:

  1. Be integrated in and support full access to the broader community;
  2. Be selected by the individual from setting options;
  3. Optimize individual initiative, autonomy, and independence;
  4. Facilitate choice in services and providers;
  5. (For provider-owned or controlled residential settings) protect specific resident rights including a legally enforceable lease, privacy, choice of roommates, and access to food at any time.

Settings presumed institutional, those located in a building also providing inpatient institutional treatment, on the grounds of a public institution, or that "have the effect of isolating individuals from the broader community", are subject to heightened scrutiny review by CMS. As of 2024-2026, New York is in an active heightened-scrutiny sampling cycle for sites including some Social Adult Day Care (SADC) programs and Assisted Living Programs (ALPs); facilities found non-compliant have 12 months from CMS findings to remediate. As of May 2026, no major statewide non-compliance findings have been issued for sites used by the four New York 1915(c) waivers.


2. The New York 1915(c) Waiver Inventory (Operative 2026)

2.1 Inventory at a glance

Waiver CMS # Operating agency Target population LOC Effective dates Approx. enrollment 2026 Cap / Wait list
NHTD NY.0444.R03.01 (cap amendment 11/23/2025) NYSDOH (RRDCs) Age 18-64 with physical disability, OR 65+ NF Renewal effective 2024; CMS amendment 11/23/2025 10,200 (Dec 2025) → 12,700 (mid-Jan 2026); cap 9,400 CAP REACHED, new referrals SUSPENDED. No formal wait list.
TBI NY.0269.R05.00 NYSDOH (RRDCs) Age 18-64 with documented traumatic brain injury NF 9/1/2022 – 8/31/2027 3,000 (verify) None
OPWDD Comprehensive NY.0238.R07.00 OPWDD (DDROs) All ages, intellectual/developmental disability diagnosed before age 22 ICF/IID 10/1/2024 – 9/30/2029; latest amendment 4/1/2025 100,000 Functional residential wait list
Children's Waiver NY.4125.R06.03 NYSDOH (lead) + OCFS / OPWDD / OMH Children/youth <21 with BH, medical fragility, or foster-care HCBS need NF, ICF/IID, or hospital Latest amendment 4/1/2026 20,000+ (verify) None formal

2.2 What's NOT on this list

Multiple legacy waivers, and one once-prominent reform proposal, are NOT active 1915(c) authorities in New York in 2026. Treat each of the following as historic:

  • Long Term Home Health Care Program (LTHHCP / "Lombardi"), terminated. New York phased out the LTHHCP 1915(c) waiver beginning April 1, 2013 (transitioning participants to MLTC); the wind-down was complete by 2016. Do not cite as active.
  • OPWDD Care at Home (CAH I / II), historically a separate waiver line; consolidated into the OPWDD Comprehensive Waiver many years ago.
  • OPWDD Care at Home III, IV, VI, for children with developmental disabilities; merged into a single OPWDD Care at Home Waiver effective April 1, 2013, and folded into the consolidated Children's Waiver in 2019.
  • DOH Care at Home I & II ("Katie Beckett-style"), for medically fragile children; folded into the Children's Waiver in 2019.
  • OCFS Bridges to Health (B2H), three sub-waivers (SED, DD, Medically Fragile); folded into the Children's Waiver in 2019.
  • OMH Serious Emotional Disturbance (SED) Waiver, folded into the Children's Waiver in 2019.
  • People First Waiver, proposed 2011-2014 to redesign OPWDD service delivery via a comprehensive 1115 / consolidated 1915(c). Effectively abandoned. Elements were absorbed into the Care Coordination Organization (CCO) model rolled out in 2018, the Comprehensive 1915(c) waiver renewals, and the FIDA-IDD demonstration (itself discontinued in 2024). Do not cite as a current waiver.

2.3 Concurrent enrollment

A Medicaid recipient cannot be enrolled in more than one 1915(c) waiver simultaneously, with limited statutory exceptions (e.g., short transitional periods). MLTC plans are not 1915(c) waivers; they are 1915(b) / 1915(c) combinations or 1115 demonstrations. A waiver participant can, and often does, receive State Plan services (including CFCO and Health Home care management) at the same time as their 1915(c) waiver services.


3. NHTD (Nursing Home Transition and Diversion), Deep Dive

3.1 Authority and history

  • CMS waiver number: NY.0444 (current version NY.0444.R03.01, with the November 23, 2025 cap amendment).
  • Operating agency: New York State Department of Health, Division of Long Term Care.
  • State regulatory framework: 18 NYCRR Part 360 (Medicaid eligibility) governs financial eligibility. The waiver itself operates under the approved CMS waiver application and the NYSDOH NHTD Program Manual.
  • History: First approved in 2007 as a successor to earlier brain-injury and nursing-home-diversion concepts; expanded eligibility to seniors and to people with non-TBI physical disabilities. Has historically been New York's primary HCBS path for non-OPWDD, non-pediatric adults outside of MLTC.

3.2 Eligibility, all four conditions must be met

  1. Medicaid eligibility under the community / non-MAGI track (resource and income-tested under 18 NYCRR § 360-4 et seq.).
  2. Age and disability: age 18-64 with a documented permanent physical disability, OR age 65+ (no separate disability diagnosis required beyond NF LOC).
  3. Nursing-facility level of care (NF LOC) per 18 NYCRR § 360-4.10, typically established through the Hospital and Community Patient Review Instrument (H/C PRI) and SCREEN, supplemented by the UAS-NY where applicable.
  4. Choice of community over institution, the applicant must sign a Freedom of Choice form acknowledging they chose HCBS over nursing-facility care.

3.3 Application process

  1. Self-referral, family referral, or hospital / discharge-planner referral to the Regional Resource Development Center (RRDC) that serves the applicant's county.
  2. Initial intake by RRDC; potential applicant identified.
  3. Service Coordinator selection from a list of certified providers.
  4. Initial Service Plan (ISP) developed by Service Coordinator with the applicant and Circle of Support.
  5. Application packet (PRI / SCREEN, UAS-NY where applicable, Medicaid eligibility documentation, signed Freedom of Choice, ISP) submitted to RRDC.
  6. RRDS (Regional Resource Development Specialist) review; recommendation forwarded to NYSDOH.
  7. Notice of Decision (NOD) issued under 18 NYCRR Part 358. If denied, applicant has 60 days to request a Fair Hearing.
  8. If approved, services begin per the Revised Service Plan (RSP).

The RRDCs are statewide; many are operated by Independent Living Centers under contracts with NYSDOH. Maximus is the statewide RRDC contractor for some functions and the broader NY Medicaid LTSS-assessment infrastructure (NYIA, formerly the Conflict-Free Evaluation and Enrollment Center for MLTC).

3.4 Service array

The NHTD Program Manual authorizes a comprehensive service array; provider training material consistently lists 17-20 services, with some clustered into a single line item:

  1. Service Coordination (required of all participants; conflict-free case management applies).
  2. Home and Community Support Services (HCSS), combined personal care + supervisory oversight. The waiver's largest service line.
  3. Respite Services, short-term relief for primary caregivers.
  4. Independent Living Skills Training (ILST), instruction in money management, household management, and other essential community-living skills.
  5. Structured Day Program (SDP), day services to maintain or improve community-living skills.
  6. Positive Behavioral Interventions and Supports (PBIS), functional behavior assessment + intervention plan for participants with significant behavioral challenges.
  7. Home Visits by Medical Personnel, physician / nurse home visits where institution-based clinic visits are not feasible.
  8. Assistive Technology (AT).
  9. Environmental Modifications (E-mods), ramps, grab bars, widened doors. Excludes general home improvements (carpet, roof) not medically necessary.
  10. Vehicle Modifications.
  11. Community Transitional Services (CTS), one-time set-up costs for moving from institution to community (security deposit, basic furnishings, utility set-up). Critical for MFP-aligned transitions.
  12. Moving Assistance.
  13. Home-Delivered Meals.
  14. Congregate Meals.
  15. Wellness Counseling, health-promotion / preventive counseling.
  16. Nutritional Counseling and Educational Services, RD-led counseling.
  17. Respiratory Therapy, services not otherwise covered.
  18. Community Integration Counseling (CIC), counseling for adjustment to community living.
  19. Peer Mentoring, peer-delivered support from other people with disabilities.
  20. Transportation Services (social / non-medical, not Medicaid NEMT).

3.5 Reimbursement

NHTD fee schedules are published by NYSDOH. The latest NHTD fee schedule effective January 1, 2026 is at https://www.health.ny.gov/facilities/long_term_care/waiver/docs/nhtd_rates.pdf. The prior July 1, 2025 schedule is archived at https://www.health.ny.gov/facilities/long_term_care/nhtd/provider/historical/docs/2025-07-01_nhtd_rates.pdf.

HCSS hourly rates differ between NYC and Rest-of-State and are loaded with minimum-wage step-ups required by the FY 2024 enacted minimum-wage increases.

Verification note. Specific 2026 hourly rate figures (NYC HCSS, ROS HCSS, Service Coordination per-unit, ILST per-hour, etc.) should be pulled directly from the published 1/1/2026 PDF before being quoted in any client-facing context. We do not reproduce rate-sheet line items here for that reason.

3.6 The 2026 enrollment freeze, what changed and why

The single biggest fact for 2026 readers, and the one that changes how this waiver works for new applicants, is the enrollment cap.

Timeline of the freeze:

  • Pre-2025: NHTD operated with administrative growth caps but actual enrollment expanded steadily. By early 2025, enrollment was approximately 8,900.
  • April 28, 2025 (FY 2025-26 Enacted Budget): The Hochul administration's executive budget had proposed carving NHTD into MLTC. The Legislature rejected the carve-in, but the enacted budget still scored fiscal savings, rising into the tens of millions across FY 2026 and FY 2027, tied to NHTD enrollment management. With carve-in off the table, the only way to deliver those savings was a hard cap.
  • Mid-2025: NYSDOH submitted a waiver amendment to CMS proposing a 9,400-participant cap for waiver years 2025-26, 2026-27, and 2027-28.
  • November 23, 2025: CMS approved the cap amendment. The waiver formally caps enrollment at 9,400 participants per year for the three waiver years.
  • December 2025: Enrollment had already passed the cap, reaching approximately 10,200.
  • Mid-January 2026: Provider testimony at the February 2, 2026 Joint Legislative Budget Hearing put enrollment at approximately 12,700.
  • Early 2026: NYSDOH announced that the cap had been reached and suspended new referrals. New applicants are notified of the cap and directed to alternatives, typically MLTC, CFCO, NF placement, or other community supports. DOH chose NOT to maintain a formal waiting list; applicants are told to "check back."
  • April 17, 2026: NYSDOH issued a Waiver Provider Notification (NYSHCP HCP Insider, member-only) updating providers on operational details, the underlying policy stance unchanged.

Ongoing enrollment management. Approximately 50 participants per month exit NHTD via attrition (death, NF placement, Medicaid loss, voluntary withdrawal). Slots that open will be reallocated proportionately by region, not on a first-come-first-served basis. Stakeholder advocates, including LeadingAge NY, NYAIL, and the New York State Hospice and Palliative Care Association, have pushed NYSDOH to permit a formal wait list and to raise the cap. As of May 5, 2026, NYSDOH has declined to do either.

3.7 NHTD's relationship to MLTC

NHTD participants are excluded from MLTC enrollment and continue to receive personal care and CDPAP through fee-for-service Medicaid. The carve-out has been re-extended multiple times. The most recent administrative target for an NHTD carve-IN to MLTC is January 1, 2027 (LeadingAge NY testimony, February 2, 2026). S806 / A1349 (Senator Rivera and Assemblymember Gunther, 2025-2026 session) would extend the NHTD carve-out through April 1, 2027 by statute. Both bills were introduced in the 2025-2026 session; neither has been enacted as of May 5, 2026.


4. TBI (Traumatic Brain Injury) Waiver, Deep Dive

4.1 Authority and history

  • CMS waiver number: NY.0269.R05.00 (current renewal). Some older brief documents and provider materials cite NY.0014; that number does not reflect the active CMS waiver in 2026. Use NY.0269.
  • CMS approval of current renewal: November 28, 2022.
  • Effective dates: September 1, 2022 through August 31, 2027 (5-year term).
  • Operating agency: NYSDOH, Division of Long Term Care, Bureau of Community Integration and Alzheimer's Disease.
  • History: First approved in 1995, making the TBI waiver one of New York's earliest 1915(c) waivers. New York was an early adopter of waiver-based brain-injury community services because pre-Medicaid pediatric and adult brain-injury rehabilitation was fragmented and expensive.

4.2 Eligibility, five conditions

  1. Medicaid eligibility, community-based Medicaid (non-MAGI track for adults).
  2. Documented Traumatic Brain Injury, meets the waiver's clinical definition: an external mechanical force causing temporary or permanent neurological dysfunction, documented in medical records, with associated functional limitations.
  3. TBI onset between ages 18 and 64. Once enrolled, participants may continue past age 64, but the original injury must have occurred in this window.
  4. Nursing-facility level of care per 18 NYCRR § 360-4.10. (Some older sources reference hospital-level care eligibility historically, but the current waiver application uses NF LOC.)
  5. Choice of community over institution, Freedom of Choice form.

Important distinction, TBI vs. acquired brain injury. The TBI waiver is specifically for traumatic brain injury (external mechanical force). Non-traumatic brain injuries (stroke, anoxia at birth, brain tumor, infection-induced encephalopathy, hypoxic-ischemic injury) are generally not eligible for the TBI waiver. People with non-traumatic brain injuries may qualify for NHTD if they meet that waiver's NF LOC + physical disability criteria, though, in 2026, NHTD's enrollment freeze blocks new entry there as well.

4.3 Application process

Identical structure to NHTD: RRDC referral → Service Coordinator → Initial Service Plan → application packet → RRDS recommendation → Notice of Decision → fair-hearing rights if denied. The same RRDCs serve both NHTD and TBI applicants in each region.

4.4 Service array

The TBI service array overlaps significantly with NHTD but includes some TBI-specific elements:

  1. Service Coordination
  2. Home and Community Support Services (HCSS)
  3. Respite Services
  4. Independent Living Skills Training (ILST)
  5. Structured Day Program
  6. Substance Abuse Programs (TBI-specific, recognizing high TBI / SUD comorbidity)
  7. Positive Behavioral Interventions and Supports (PBIS)
  8. Community Integration Counseling (CIC)
  9. Environmental Modifications
  10. Vehicle Modifications
  11. Assistive Technology
  12. Wellness Counseling
  13. Home Visits by Medical Personnel
  14. Community Transitional Services
  15. Moving Assistance
  16. Transportation Services
  17. Specialized Medical Equipment & Supplies (TBI-specific in some service definitions)

The NYSDOH NHTD/TBI Service Comparison sheet is at https://www.health.ny.gov/health_care/medicaid/redesign/docs/tbi_nhtd_service_comp.pdf.

4.5 Enrollment status (2026)

  • No CMS-imposed cap as of May 2026.
  • Estimated enrollment: approximately 3,000 participants (figure from earlier cycles; current figure should be verified against current NYSDOH data).
  • No suspension on referrals. TBI is operating normally.

4.6 TBI's relationship to MLTC

TBI participants are excluded from MLTC the same way NHTD participants are. S806 / A1349 would carve TBI out permanently. The TBI carve-out has been understood as more durable than NHTD's because of the specialized rehabilitation needs of TBI participants and the smaller size of the affected population.

4.7 Choosing between TBI and NHTD

A person aged 18-64 with documented TBI who also meets a physical-disability standard could in principle qualify for either waiver. In practice:

  • Where TBI is the primary diagnosis, the TBI waiver is preferred, its service array is better tailored to brain-injury rehabilitation.
  • The TBI waiver excludes non-traumatic brain injury (stroke, anoxia, etc.), those individuals would be referred to NHTD if they meet that waiver's criteria.
  • A 70-year-old with a TBI would typically be served through NHTD because the TBI waiver requires onset between ages 18 and 64.
  • In 2026, the NHTD freeze has shifted the practical calculus: applicants who could plausibly fit TBI criteria are being looked at more carefully for that pathway because TBI remains open.

5. OPWDD Comprehensive HCBS Waiver, Deep Dive

5.1 Authority and history

  • CMS waiver number: NY.0238.R07.00 (current renewal).
  • CMS approval of current renewal: October 3, 2024.
  • Effective dates: October 1, 2024 through September 30, 2029 (5-year term).
  • Latest amendment effective: April 1, 2025.
  • Operating agency: Office for People with Developmental Disabilities (OPWDD).
  • State regulation: 14 NYCRR Part 635 (eligibility); enrollment process per OPWDD Administrative Directive 23-ADM-06R (Individual Eligibility and Enrollment).
  • Total enrollment 2026: approximately 100,000 individuals, the largest of New York's 1915(c) waivers and one of the largest single I/DD waivers in the country.

5.2 Eligibility, three conditions

  1. Documented intellectual or developmental disability (ID/DD) diagnosed before age 22. Includes intellectual disability (IQ thresholds plus adaptive functioning), autism spectrum disorder, cerebral palsy, epilepsy with substantial functional impairment, and other neurological impairments. "Developmental disability" is defined under NY Mental Hygiene Law § 1.03(22), substantial handicap, originating before age 22, expected to continue indefinitely.
  2. ICF/IID level of care, the OPWDD eligibility process. The DDP-2 instrument has been used historically; current "reasonable indication of need for services" standards apply.
  3. Medicaid eligibility, community Medicaid (non-MAGI) for adults; for children, typically Medicaid via TEFRA-like Care at Home rules where parental income would otherwise disqualify.

5.3 Application process, the OPWDD "Front Door"

  1. Family or individual contacts the OPWDD Front Door (1-866-946-9733) or local Developmental Disability Regional Office (DDRO).
  2. Eligibility determination by the DDRO using documentation of disability, IQ testing, adaptive testing, and qualified-professional review.
  3. If eligible, the individual selects a Care Coordination Organization (CCO) for ongoing care management.
  4. The CCO Care Manager develops the Life Plan (person-centered plan).
  5. The individual is enrolled in the OPWDD HCBS waiver upon Life Plan approval.
  6. Services authorized via the Life Plan; reimbursed through eMedNY.

The CCO model, rolled out in 2018, replaced the older Medicaid Service Coordinator (MSC) function.

5.4 Service array

The OPWDD Comprehensive Waiver authorizes a broad and individualized service array:

  • Residential habilitation in IRAs (Individualized Residential Alternatives, supervised IRA, supportive IRA), family care, etc.
  • Day habilitation (site-based or community-based).
  • Community Habilitation, habilitation in non-certified community settings.
  • Prevocational Services.
  • Supported Employment / Pathway to Employment.
  • Respite (planned and crisis).
  • Family Education and Training.
  • Plan of Care Support Services.
  • Fiscal Intermediary services (for self-directed budgets).
  • Family Support Services.
  • Adaptive Devices and Technologies.
  • Environmental Modifications.
  • Vehicle Modifications.
  • Live-In Caregiver.
  • Behavior Supports.
  • Specialized therapies.

5.5 Self-Direction

OPWDD's Self-Direction model lets participants and their Circle of Support build their own budget, hire their own staff via a Fiscal Intermediary, and customize services within the budget. Self-direction is distinct from the elder-Medicaid CDPAP model, it is administered by OPWDD, scoped to OPWDD's service array, and built around the Life Plan rather than the UAS-NY assessment. A sizable minority of OPWDD waiver participants use self-direction.

5.6 The June 1, 2026 CANS / CAS requirement

Effective June 1, 2026, OPWDD requires every participant to have a current standardized assessment on file before any budget will be reviewed:

  • CANS (Child and Adolescent Needs and Strengths), for participants under age 18, completed annually.
  • CAS (Coordinated Assessment System), for participants age 18+, completed every 2 years.

Without a valid CANS or CAS, OPWDD will not review the budget, meaning service authorizations cannot move forward. CCO Care Managers are responsible for scheduling and completing the assessments.

5.7 Wait lists

OPWDD has historically maintained a functional wait list for residential services, particularly IRA placement, driven by capacity rather than waiver enrollment. Residential placement can take years. Day services and community habilitation have not historically been wait-listed.

5.8 The People First Waiver

Proposed 2011-2014 to redesign OPWDD service delivery via a comprehensive 1115 demonstration / consolidated 1915(c). Effectively abandoned. Elements were absorbed into the CCO model (rolled out 2018), the Comprehensive 1915(c) waiver renewals, and the FIDA-IDD demonstration (a separate dual-eligible managed-care demonstration that was discontinued in 2024).


6. OPWDD "Care at Home", A Status Note

The phrase "Care at Home" has historically referred to multiple distinct waivers that are no longer separately operative:

  • DOH Care at Home I & II ("Katie Beckett-style"), for medically fragile children. Folded into the Children's Waiver effective April 1, 2019.
  • OPWDD Care at Home III, IV, VI, for children with ID/DD living at home. Consolidated into a single OPWDD Care at Home Waiver effective April 1, 2013 (per GIS 12 MA/031). Subsequently folded into the consolidated Children's Waiver effective April 1, 2019.

Net result for 2026: there is no separate OPWDD Care at Home waiver. A child with developmental disabilities who needs HCBS at home is served through one of two pathways:

  1. Children's Waiver (NY.4125), for children under 21 with HCBS needs (BH, medical fragility, or foster-care HCBS).
  2. OPWDD Comprehensive Waiver (NY.0238), for children with ID/DD whose service needs map to that waiver's service array.

TEFRA-like income deeming

For children under 18 enrolling in either the Children's Waiver or accessing OPWDD services, New York applies a TEFRA-like deeming rule that disregards parental income and resources where the child is determined disabled by Medicaid or SSA standards AND has waiver approval. This is the mechanism that makes Medicaid HCBS available to children of middle-income families. The original NYSDOH publication 0548, "Care at Home Medicaid Waiver for Developmentally Disabled Children," remains the explanatory reference.


7. Children's Waiver (NY.4125), Deep Dive

7.1 Authority and history

  • CMS waiver number: NY.4125 (current version NY.4125.R06.03).
  • Latest CMS approval / amendment effective: April 1, 2026.
  • Original consolidation effective: April 1, 2019.
  • Lead operating agency: NYSDOH; multi-agency operation with OCFS, OPWDD, and OMH.

7.2 What was consolidated (2019)

The Children's Waiver was created by consolidating six prior children's HCBS waivers:

  1. DOH Care at Home (CAH) I/II ("Katie Beckett"), medically fragile.
  2. OPWDD Care at Home III.
  3. OPWDD Care at Home IV.
  4. OPWDD Care at Home VI.
  5. OCFS Bridges to Health (B2H), three sub-waivers (SED, DD, Medically Fragile).
  6. OMH Serious Emotional Disturbance (SED) Waiver.

The consolidation is one of the most significant waiver simplifications in recent New York Medicaid history, a single waiver instrument covering populations that had previously been served through six separate authorities, each with its own eligibility rules and service array.

7.3 Target population

Children and youth under age 21 who:

  • Are enrolled in or eligible for Medicaid;
  • Need an institutional level of care (NF, ICF/IID, hospital, or psychiatric center); AND
  • Fall into one of the consolidated target groups: serious emotional disturbance, medical fragility, developmental disability, foster-care HCBS need, or medical fragility plus DD.

7.4 Service array (post-April 2026 amendment)

  • Care Coordination (via Health Home Serving Children)
  • Community Habilitation (now includes prior Day Habilitation services per the April 2026 amendment)
  • Caregiver Family Support and Services
  • Crisis Respite
  • Planned Respite
  • Prevocational Services
  • Supported Employment
  • Adaptive and Assistive Equipment
  • Vehicle Modifications
  • Environmental Modifications
  • Non-Medical Transportation
  • Palliative Care services (Pain and Symptom Management, Bereavement, Massage, Expressive Therapy)
  • Family Peer Support Services
  • Youth Peer Support and Training
  • Health Promotion (Health Home function)
  • Skill Building (Health Home function)

7.5 The April 2026 amendment, what changed

NYSDOH's approval announcement (https://www.health.ny.gov/health_care/medicaid/redesign/behavioral_health/children/2026/approval_announcement.htm) confirms two structural changes effective April 1, 2026:

  1. Maximus role ended as the Independent Entity / C-YES function for HCBS Eligibility Determination. Effective April 1, 2026:
    • Medicaid-enrolled children seeking HCBS Eligibility Determination → referred to a Health Home Care Manager (not Maximus).
    • Non-Medicaid children → State-operated C-YES (Children & Youth Evaluation Services) program performs HCBS Eligibility Determination.
  2. Day Habilitation removed as a discrete service and rolled into Community Habilitation, which now covers the same needs without the OPWDD-certified-site restriction.

7.6 Health Home Serving Children (HHSC)

HHSC is the care-coordination backbone of the Children's Waiver. Every Children's Waiver participant must be enrolled in a Health Home (or in the State-operated equivalent care-management track for participants without a Health Home option).

7.7 Enrollment

Approximately 20,000+ children are served (figure should be verified against the most recent OMH / DOH 2026 fact sheet). There is no formal wait list.


8. § 1915(i) Status in New York, A Common Misconception

8.1 New York does NOT operate a stand-alone 1915(i) State Plan HCBS authority

Some federal sources, including occasional MACPAC and ASPE briefs, describe New York's behavioral-health HCBS as "1915(i)-like." Technically, New York's adult BH HCBS for Health and Recovery Plan (HARP) members are authorized through the 1115 MRT (Medicaid Redesign Team) demonstration, not a stand-alone 1915(i) State Plan amendment.

The distinction matters because a true 1915(i) State Plan benefit cannot have wait lists or enrollment caps tied to budget. New York's BH HCBS for HARP, operating under 1115 authority, has more program-design flexibility but is still subject to demonstration-specific budget neutrality.

8.2 Adult BH HCBS for HARP, what it covers

  • Eligibility: Medicaid-enrolled adults age 21+ with serious mental illness or substance-use-disorder diagnoses meeting New York's behavioral-health high-risk criteria.
  • Enrollment vehicle: HARP (Health and Recovery Plan), a specialized managed care plan.
  • HCBS Eligibility Assessment: conducted by a Health Home Care Manager.
  • Service array: Psychosocial Rehabilitation; Community Psychiatric Support and Treatment; Habilitation; Family Support and Training; Empowerment Services - Peer Supports; Pre-Vocational Services; Transitional Employment Support; Intensive Supported Employment; Ongoing Supported Employment; Crisis Respite (Short-Term and Intensive).

8.3 Operating agencies

  • NYSDOH, overall Medicaid authority.
  • OMH (Office of Mental Health), service standards and provider oversight for mental-health components.
  • OASAS (Office of Addiction Services and Supports), substance-use-disorder components.

9. Money Follows the Person (MFP) / Open Doors

9.1 Authority

  • Federal authority: Section 6071 of the Deficit Reduction Act of 2005.
  • Reauthorization history: multiple short-term federal extensions, most recently consolidated through 2024 reauthorization-era continuing resolutions.
  • Federal benefit: an enhanced FMAP (state-specific, adding 25-50 percentage points to the federal match, depending on state) for the first 365 days of community services after a qualified institutional resident transitions home.

9.2 New York's MFP, Open Doors Transition Center

  • NY MFP brand name: Open Doors Transition Center.
  • Lead state agencies: NYSDOH (lead) + OPWDD.
  • Community partner: New York Association on Independent Living (NYAIL), which subcontracts with Independent Living Centers (ILCs) statewide.
  • OPWDD-specific: OPWDD partners with NYSDOH and NYAIL to offer Open Doors transition supports for individuals leaving ICF/IIDs.

9.3 What Open Doors does

  • Transition Assistance, locating housing, securing leases, coordinating services, and managing move logistics.
  • Peer Support, provided by people with lived institutional experience.
  • Person-Centered Planning Coaching.
  • Good Neighbor Program, connects transitioning individuals to community supports.

All Open Doors services are voluntary, free to participants, and layered ON TOP of whatever services the person receives from OPWDD or DOH waivers.

9.4 Who qualifies for the MFP enhanced match

An individual qualifies if they:

  • Have lived in a NF, ICF/IID, or other qualified institutional setting for at least 60 consecutive days;
  • Were enrolled in Medicaid for at least one day of those 60; AND
  • Transition to a "qualified residence", the person's own home, a family member's home, an apartment of fewer than 4 unrelated people, or a community residence of 4 or fewer non-related people.

9.5 Cumulative impact

Open Doors has been operating since approximately 2008. Cumulative transitions through 2024 have been reported in the range of 10,000+, the precise 2026 figure should be verified against the most recent NYSDOH MFP annual report.


10. Other Community / State Plan Services to Know

10.1 Assertive Community Treatment (ACT), NOT a 1915(c) waiver

ACT is delivered through the Medicaid State Plan rehabilitation-services authority, not a 1915(c) HCBS waiver. New York's ACT program is licensed under MHL Article 31 and regulated by OMH (14 NYCRR Part 599 et al.).

10.2 Health Home

Authorized at SSA § 1945 and operated under State Plan Amendment, Health Home is the care-coordination service (not direct service delivery) that anchors:

  • BH HCBS for HARP (Section 8 above);
  • The Children's Waiver (Section 7 above);
  • Care management for many adults with chronic conditions outside of any waiver.

10.3 State Plan Personal Care Services (PCS) and CDPAP

PCS at 18 NYCRR § 505.14 and CDPAP at 18 NYCRR § 505.28 are State Plan services available outside any 1915(c) waiver, most commonly delivered through MLTC plans for dual eligibles age 21+ requiring 120+ days of community-based LTSS. CDPAP earns enhanced match through Community First Choice (1915(k)) for qualifying participants. See NY CDPAP, The Complete 2026 Guide for full coverage.


11. Community First Choice Option (CFCO), 1915(k) State Plan

11.1 New York's election

New York elected the Community First Choice Option in the 2018-2019 implementation, operationalized by 19-ADM-01 (Community First Choice Option, 2019). A 1915(k) election earns the state a +6 percentage-point FMAP on covered services.

11.2 What CFCO covers

  • Hands-on assistance, safety monitoring, and cueing for ADLs, IADLs, and health-related functions.
  • Skills acquisition, training the participant to perform ADLs / IADLs.
  • Backup support systems (PERS, etc.).
  • Voluntary training in self-direction.
  • Transitional services from institution to community (similar to NHTD's Community Transitional Services).
  • Assistive technology.
  • Vehicle and home modifications (subject to availability).

11.3 Eligibility

  • Medicaid-enrolled.
  • Meets nursing-facility level of care (or ICF/IID LOC for OPWDD-eligible individuals).
  • May be a child or an adult.

11.4 No waiting list, entitlement

CFCO is an entitlement: meeting Medicaid eligibility plus the LOC criterion guarantees access. Crucially:

  • CFCO services layer on top of 1915(c) waiver services for waiver participants.
  • CFCO services are also available to Medicaid recipients who are NOT enrolled in any 1915(c) waiver.
  • CFCO is the most important fallback for would-be NHTD applicants who are blocked by the 2026 cap. For many such applicants, CFCO + State Plan PCS + a Health Home will deliver a substantial portion of what NHTD would have authorized, without the waiver-specific services like Service Coordination, ILST, SDP, or PBIS.

12. Eligibility Across All NY HCBS Waivers (2026)

12.1 Income, community / non-MAGI track

Household 2026 monthly income standard
Single applicant $1,836 (138% FPL for non-MAGI Medicaid in New York, per January 2026 GIS update)
Couple (both applying) $2,489
Spousal, community spouse income allowance The Maximum Monthly Maintenance Needs Allowance (MMMNA) is approximately $4,066.50 in institutional / MLTC contexts; for community waiver participants, spousal refusal under SSL § 366(3)(a) is the more common income-protection vehicle

Spend-down. Excess income may be spent down using a pooled income trust, see NY Pooled Income Trust. Pooled-income trusts are widely used by NHTD, TBI, and Children's Waiver applicants whose income exceeds the community Medicaid threshold.

12.2 Resources, 2026 figures

Household 2026 resource standard
Single applicant $33,038
Couple (both applying) $44,796
Community spouse resource allowance (CSRA) 50% of joint resources, $74,820 minimum to $162,660 maximum
Home equity ceiling for institutional Medicaid $1,130,000 (for Institutional Medicaid; not directly applicable to most waiver applicants who are not in a NF, but governs transitions OUT of waivers into NF)

12.3 TEFRA-like deeming for children

For children under 18, parental income and resources may be disregarded under TEFRA-like Care at Home rules. This applies to:

  • Children's Waiver (NY.4125) participants;
  • OPWDD Comprehensive Waiver (NY.0238) participants who are children;
  • Children seeking community Medicaid in connection with HCBS who have a documented disability and an institutional LOC.

This is the legal mechanism that makes Medicaid HCBS available to children of middle-income families, without it, parental income would disqualify most children needing waiver-funded services.

12.4 Concurrent-enrollment rules

  • A Medicaid recipient cannot be enrolled in more than one 1915(c) waiver at the same time.
  • A Medicaid recipient CAN be in a 1915(c) waiver AND simultaneously receive State Plan services (CFCO, PCS, Health Home).
  • The Children's Waiver and the OPWDD Comprehensive Waiver are mutually exclusive for any given child; the choice depends on the primary disability.

13. The HCBS Waiver / MLTC Coordination Gap (2026)

13.1 The carve-out facts

  • NHTD and TBI participants: NOT enrolled in MLTC. They receive personal care and CDPAP through fee-for-service Medicaid.
  • OPWDD waiver participants: NOT enrolled in MLTC. Excluded from MLTC enrollment by NY PHL § 4403-f(7)(f).
  • Children's Waiver participants: Generally not in MLTC (children are too young). Some receive Medicaid Managed Care.

13.2 How waiver participants get personal care

  • NHTD and TBI participants: State Plan PCS, CDPAP, or HCSS through the waiver itself, all FFS-billed.
  • OPWDD waiver participants: through the OPWDD waiver service array (community habilitation, hourly residential habilitation) and / or CFCO. State Plan PCS may also be available.

13.3 The capacity ceiling, when participants must transition out

A NHTD or TBI participant whose service needs grow beyond what the waiver can authorize must transition out into:

  • MLTC, if they need ongoing community LTSS but no longer benefit from waiver-specific services; or
  • Institutional placement (NF, ICF/IID, or specialty rehabilitation).

In 2026, this transition path is the only way most current NHTD participants will see their needs scaled up, because the waiver itself has no room to expand enrollment to capture growing needs.

13.4 The carve-IN trajectory

Period What happened
2014-2016 NYSDOH MRT Workgroup explored carving NHTD / TBI into MLTC
2017-2024 Multiple administrative target dates for carve-IN; all delayed
FY 2025-26 Executive Budget Hochul administration proposed carving NHTD into MLTC; rejected by Legislature
FY 2025-26 Enacted Budget (4/28/2025) Did NOT adopt carve-IN. Allocated $18.2M (FY 2026) and $75.3M (FY 2027) in expected savings tied instead to NHTD enrollment management (i.e., the cap)
Current administrative target January 1, 2027 for NHTD carve-IN (LeadingAge NY testimony, 2/2/2026)
TBI carve-IN Widely understood to remain carved out permanently or at minimum for the life of the current renewal through 8/31/2027

13.5 S806 / A1349 (2025-2026 session)

  • Sponsors: Senator Gustavo Rivera (Senate), Assemblymember Aileen M. Gunther (Assembly).
  • Effect: Permanently carve TBI waiver out of mainstream Medicaid managed care and extend NHTD's carve-out through April 1, 2027.
  • Status as of May 5, 2026: Both bills introduced; not enacted. Senate version has had Health Committee activity. Bill text and updated status at https://www.nysenate.gov/legislation/bills/2025/S806.

14. Wait Lists and Capacity (2026)

Waiver / authority Wait list / cap status (May 2026)
NHTD Cap reached at 9,400; new referrals SUSPENDED. No formal wait list; applicants are notified and directed to alternatives. 50 slots open monthly via attrition; reallocated by region
TBI No cap, no wait list
OPWDD Comprehensive No formal waiver-enrollment wait list, but functional residential wait list (IRA placements in particular), can stretch years
Children's Waiver No formal wait list
CFCO (1915(k)) Entitlement; no wait list
Open Doors (MFP) No wait list; capacity-constrained by ILC partner availability
BH HCBS for HARP No formal wait list at the State level; limited by HARP plan capacity

15. Application Process for Adult Waivers (NHTD, TBI)

15.1 The RRDC structure

  • Regional Resource Development Centers (RRDCs): geographically distributed across the state. Most operated by Independent Living Centers under contract with NYSDOH; some by other community-based organizations.
  • RRDS (Regional Resource Development Specialist): NYSDOH staff member responsible for waiver oversight in each region.

15.2 Step-by-step

  1. Initial inquiry. Call the RRDC for the applicant's county.
  2. Intake. RRDC determines whether the applicant likely meets eligibility.
  3. Service Coordinator selection. The applicant selects from a list of certified Service Coordinators.
  4. Initial Service Plan (ISP) development. Service Coordinator works with the applicant and Circle of Support.
  5. Application packet is assembled:
    • Medicaid eligibility documentation;
    • PRI / SCREEN or equivalent NF LOC assessment;
    • UAS-NY assessment (where applicable);
    • Disability documentation (TBI: medical records of TBI; NHTD: physical disability documentation);
    • Freedom of Choice form (signed acknowledgement of waiver vs. NF choice);
    • ISP.
  6. RRDS review and recommendation to NYSDOH.
  7. Notice of Decision (NOD) issued under 18 NYCRR Part 358. If approved, services begin per ISP. If denied, the applicant has 60 days to request a Fair Hearing.
  8. Aid Continuing under 18 NYCRR § 358-3.6, for re-determinations and reductions in services, services may continue pending fair hearing if the request is timely.

15.3 Provider qualifications

NHTD and TBI providers must be certified by NYSDOH per the NHTD / TBI Provider Manual and waiver application Appendix C. Provider Agreement template at https://www.health.ny.gov/facilities/long_term_care/nhtd/provider/docs/provider_agreement.pdf.

15.4 Fair-hearing rights

  • Right to a fair hearing under 18 NYCRR Part 358.
  • Right to representation; legal aid available through ICAN, NYLAG, MFY Legal Services, and others.
  • 90-day decision standard.
  • Decisions reviewable in NY Supreme Court via Article 78 proceedings.

16. Federal Threats and 2026 Changes

16.1 OBBBA Section 71121, new 1915(c) authority effective July 1, 2028

  • What it does: Creates a new 1915(c) waiver option that does NOT require the "but for" institutional level-of-care test. States can serve people earlier in the care continuum, for example, individuals earlier in the dementia trajectory who do not yet meet NF LOC.
  • Initial waiver term: 3 years; extendable for additional 5-year terms.
  • Federal funding: $50M FY 2026 appropriation for CMS to develop the waiver framework; $100M FY 2028 to support state implementation, distributed by state HCBS population share.
  • New York implications: A potential vehicle for New York to expand HCBS access to non-institutional-LOC populations. As of May 2026, New York has not announced whether it will pursue this option.

16.2 OBBBA Section 71117, MCO tax safe harbor

The 2025 reconciliation law ratchets the Medicaid managed-care-organization-tax safe harbor downward from 6% to 3.5% by 2032 in 0.5%-per-year increments starting FY 2028. This has limited direct effect on FFS-delivered waivers (NHTD, TBI, Children's), and indirect effect on OPWDD waiver financing if OPWDD shifts more of its delivery to managed care.

16.3 OBBBA Section 71112, work requirements

  • Apply to "expansion adults" (the ACA Medicaid expansion population on the MAGI track).
  • NHTD and TBI participants are typically disabled adults eligible for non-MAGI Medicaid and categorically exempt from work requirements.
  • OPWDD participants are categorically exempt.
  • HARP / BH HCBS members may face complexity if they are ACA-expansion-eligible; verify NYSDOH guidance.

16.4 The 1115 MRT demonstration expiration, March 31, 2027

The MRT 1115 demonstration that authorizes MLTC, BH HCBS for HARP, and other elements expires March 31, 2027. Renewal negotiations with CMS are ongoing. The direct effect on 1915(c) waivers (NHTD, TBI, OPWDD, Children's) is minimal; the indirect effect is real, MLTC's capacity to absorb a NHTD or TBI carve-IN would be affected if MRT 1115 lapses.

16.5 CMS Settings Rule heightened scrutiny

The 2024-2025 sampling of New York presumptively institutional settings is ongoing, with a 12-month remediation timeline post-CMS findings. Some Social Adult Day Care programs, Assisted Living Programs, and shared-living sites used by HCBS waiver participants could face de-certification if non-compliant.


17. Common Misconceptions

17.1 "HCBS waiver = Medicaid for home care"

Partially true. Each waiver covers a specific list of waiver-only services PLUS any State Plan services the participant qualifies for. Personal Care Services and CDPAP are State Plan services that operate independently of waivers. A NHTD participant who needs personal care typically gets it via State Plan PCS or HCSS; the waiver layers on top.

17.2 "OPWDD and NHTD are interchangeable"

False. OPWDD serves people with intellectual or developmental disabilities (ICF/IID LOC). NHTD serves people with physical disabilities and seniors (NF LOC). Different target populations, different LOC standards, different operating agencies, DDROs vs. RRDCs.

17.3 "Anyone with a brain injury qualifies for the TBI waiver"

False. The TBI waiver requires (a) traumatic brain injury (external mechanical force) and (b) onset between ages 18 and 64. Non-traumatic brain injuries (stroke, anoxia, brain tumor) are NOT eligible for the TBI waiver. Such individuals may qualify for NHTD if they meet that waiver's criteria, though, in 2026, the NHTD freeze blocks new entry there as well.

17.4 "MFP / Open Doors is a separate Medicaid program"

False. MFP / Open Doors is a transition-support PROGRAM that leverages existing waivers and State Plan benefits. It is not a separate Medicaid eligibility category.

17.5 "Pooled-income trust doesn't apply to HCBS waivers"

False. Pooled-income trusts are the standard income-spend-down mechanism for community Medicaid, including waiver participants whose income exceeds $1,836/month.

17.6 "I can get on a waiting list for NHTD"

False (as of 2026). NYSDOH has explicitly chosen NOT to maintain a formal NHTD wait list. Applicants who apply when the cap is reached are notified of the cap status and asked to "check back."

17.7 "The Lombardi waiver is still available"

False. The Long Term Home Health Care Program (LTHHCP / "Lombardi") was terminated; transition to MLTC began April 1, 2013 and was complete by 2016.

17.8 "OPWDD's People First Waiver is the new master plan"

False. The People First Waiver was effectively abandoned. OPWDD service redesign happened through the CCO model and the 2024 NY.0238.R07.00 renewal.

17.9 "New York has a 1915(i) waiver"

False. New York does not operate a stand-alone 1915(i) State Plan HCBS authority. Behavioral-health HCBS for HARP run under the 1115 MRT demonstration. Some federal sources call this "1915(i)-like", it is not an actual 1915(i).


18. Resources and Contacts (2026)

State agency contacts

Application and assessment

  • Maximus / NYIA: historically the New York Independent Assessor / CFEEC for MLTC; reduced role for the Children's Waiver as of April 2026; remains the contractor for MLTC functions. General Medicaid LTSS-inquiry line: 1-855-222-8350.
  • NY Connects: 1-800-342-9871, statewide info & assistance for LTSS.
  • ICAN (Independent Consumer Advocacy Network): 1-844-614-8800, Medicaid managed-care ombudsman.
  • NYAIL Open Doors: https://nyail.org/open-doors
  • NY Justice Center for the Protection of People with Special Needs: 1-855-373-2122
  • Disability Rights New York: 1-800-993-8982

Find your RRDC

NYSDOH maintains a list of NHTD / TBI RRDCs by county at https://www.health.ny.gov/facilities/long_term_care/nhtd/contact.htm. Each RRDC serves both NHTD and TBI applicants in its region.


19. Frequently Asked Questions

Frequently Asked Questions

Is the New York NHTD waiver really closed in 2026?

For all practical purposes, yes, for new applicants. CMS approved a 9,400-participant cap on November 23, 2025; enrollment had reached approximately 12,700 by mid-January 2026; NYSDOH has suspended new referrals; and NYSDOH chose not to maintain a wait list. Applicants are told to "check back" while approximately 50 slots open per month via attrition and are reallocated proportionately by region. If you need NHTD-style services, work with your hospital discharge planner, RRDC, or elder-law attorney to evaluate MLTC, CFCO, or NF placement as alternatives.

If NHTD is closed, what should a 67-year-old with new physical-disability needs do?

The most common pathway is MLTC plus CFCO. MLTC will provide capitated personal care, CDPAP, home-health-aide services, adult day health, and short-stay nursing-facility coverage. CFCO layers on hands-on assistance, ADL skills training, and transitional services, all as State Plan entitlements with no wait list. Engage the NYIA via 1-855-222-8350 to start the MLTC pathway, and ICAN at 1-844-614-8800 for advocacy support.

Is the New York TBI waiver also frozen?

No. The TBI waiver has no cap and no suspension on new referrals as of May 2026. Onset-between-18-and-64 traumatic brain injury remains a viable entry point for HCBS in New York. Apply through the same RRDCs that handle NHTD applications.

My adult child has autism, which New York Medicaid HCBS waiver applies?

OPWDD Comprehensive Waiver (NY.0238). Autism qualifies as a developmental disability under MHL § 1.03(22). Start by calling the OPWDD Front Door at 1-866-946-9733 to begin eligibility determination. After OPWDD determines eligibility, you select a Care Coordination Organization (CCO) to develop your child's Life Plan.

What is the OPWDD CANS / CAS requirement effective June 1, 2026?

OPWDD will require every participant to have a current standardized assessment on file before any budget will be reviewed. CANS (Child and Adolescent Needs and Strengths) is required annually for participants under 18; CAS (Coordinated Assessment System) is required every 2 years for participants 18+. Without a valid CANS or CAS, OPWDD will not review the budget, meaning service authorizations cannot move forward. Your CCO Care Manager schedules and completes the assessment.

A few more common questions:

Q6. My medically fragile child needs HCBS, Children's Waiver or OPWDD?

For most medically fragile children without an ID/DD diagnosis, the answer is the Children's Waiver (NY.4125). For children with ID/DD whose service needs map best to OPWDD's array (residential, day hab, community hab, prevocational, supported employment), the answer is the OPWDD Comprehensive Waiver. The two are mutually exclusive, so the choice matters; a CCO Care Manager (or, for the Children's Waiver, a Health Home Care Manager) can help analyze which fits.

Q7. We are over the income limit, can we still qualify?

Generally yes, through a pooled income trust. New York permits applicants to deposit excess income (above $1,836/month for a single applicant in 2026) into a pooled-income trust and use the deposited income for ongoing expenses, with Medicaid covering the cost of waiver services. See NY Pooled Income Trust for the mechanics. For couples, spousal refusal under SSL § 366(3)(a) may also be available.

Q8. Can my parent be in MLTC and the NHTD waiver at the same time?

No. NHTD and TBI participants are excluded from MLTC. They receive personal care and CDPAP through fee-for-service Medicaid. The carve-out has been re-extended; the most recent administrative target for an NHTD carve-IN is January 1, 2027.

Q9. Will OBBBA affect my parent's NHTD or OPWDD services?

Not directly, at least not in 2026 or 2027. OBBBA Section 71121 creates a new 1915(c) authority effective July 1, 2028 (a potential expansion vehicle, not a contraction). Section 71117 (MCO-tax safe harbor) has indirect effects on OPWDD if OPWDD shifts to managed care. Section 71112 (work requirements) does not apply to non-MAGI disabled adults, meaning NHTD, TBI, and OPWDD participants are categorically exempt.

Q10. Does CFCO replace what NHTD used to offer?

Partially. CFCO covers hands-on personal-care services, ADL skills training, transitional services, assistive technology, and modifications, all as a State Plan entitlement. It does not cover NHTD's waiver-specific services like Service Coordination, ILST, Structured Day Program, PBIS, Community Integration Counseling, or Peer Mentoring. For most NHTD-cap-affected applicants, CFCO + State Plan PCS + a Health Home will deliver a substantial portion of what NHTD would have authorized.

Q11. What's the 60-month / 5-year lookback for HCBS waivers?

The federal 60-month transfer-of-resources lookback under 42 USC § 1396p(c) applies to institutional Medicaid, nursing-facility coverage. For community Medicaid (including most HCBS waivers), New York has historically had no lookback because the state had not implemented the 30-month community lookback enacted in Part DD of Chapter 56 of the Laws of 2020. As of May 2026, that 30-month community lookback has not been implemented (it has been postponed annually). HCBS waiver applicants, with the partial exception of those who are also pursuing Institutional Medicaid for spend-down or NF transition, are not currently subject to a lookback in New York.

Q12. Can MFP / Open Doors help my parent leave a nursing home?

Yes, if your parent has been institutional for at least 60 consecutive days, was Medicaid-enrolled for at least one of those 60 days, and is moving to a "qualified residence." Contact NYAIL Open Doors at https://nyail.org/open-doors to start the process. Open Doors layers ON TOP of whatever waiver or State Plan services your parent is moving onto.

Q13. What is the OPWDD CANS / CAS requirement effective June 1, 2026?

OPWDD will require every participant to have a current standardized assessment on file before any budget will be reviewed. CANS (Child and Adolescent Needs and Strengths) is required annually for participants under 18; CAS (Coordinated Assessment System) is required every 2 years for participants 18+. Without a valid CANS or CAS, OPWDD will not review the budget, meaning service authorizations cannot move forward. Your CCO Care Manager schedules and completes the assessment.

Q14. What changed in the Children's Waiver on April 1, 2026?

Two structural changes. First, Maximus's role ended as the C-YES / Independent Entity for HCBS Eligibility Determination for Medicaid-enrolled children. Health Homes now perform this function; the State-operated C-YES program serves non-Medicaid children. Second, Day Habilitation was removed as a discrete service and rolled into Community Habilitation, which now covers the same needs without the OPWDD-certified-site restriction.

Learn More

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The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.

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