Communication and instructions from DDSD about the Waldrop Settlement Agreement overrules the current, applicable policy, procedure, guidelines and instructions until such time as revisions can be published. « Read More »

DD Waiver Renewal

Print this page

It Is Time to Renew the DD Waiver

The NM DD Waiver is a Medicaid funded program governed by state and federal regulations. The DD waiver is a home and community based services (HCBS) waiver that must be approved by the federal Centers for Medicare and Medicaid Services in order for the state to receive federal funding. The federal regulation governing HCBS waivers allows for a five year renewal period. NM’s DDW approved by CMS expires June 30, 2016. New Mexico Human Services Department requested an extension of the current waiver in order to thoroughly complete activities necessary for submitting a DDW Renewal Application. 

It Is A Partnership

The Department of Health, Developmental Disabilities Supports Division (DDSD) in partnership with the Medical Assistance Division of the Human Services Department will work with communities across the state, the Advisory Council on Quality Supports for Individuals with Developmental Disabilitie and Their Families (ACQ) Partners and the DDSD DDW Renewal Subcommittee to receive input and feedback on changes to the current waiver system. Click here to learn more about all of our partners.

Renewal Activities

There are various deadlines that are part of the renewal process described above. Please stay tuned for timelines to be posted here.

What to Think About for Renewal

DDSD is basing renewal work on guiding principles, applicable federal regulations and stakeholder input.

DD Waiver Renewal Guiding Principles:

People with Intellectual and developmental disabilities are active and productive members of their communities. People with I/DD have rights and responsibilities including:

  • the right to full inclusion and access to the community
  • dignity of risk or the right to take risks when engaging in life experiences along with the right to fail in taking these

DD Waiver services should be provided in the most integrated settings and should promote:

  • person centered planning
  • choice, self-determination and self-direction
  • independence and individuals living the life they prefer in the community
  • opportunities for competitive employment
  • opportunities for skill building
  • opportunities to decrease dependence on care giving
  • development of natural supports

In operating a system of DD waiver services, DDSD is committed to a service system which:

  • follows national best practices
  • is streamlined and simplified
  • ensures continuous quality improvement
  • is sustainable
  • promotes an equitable distribution of resources

Applicable Federal Regulations

HCBS Settings Rule: On March 17, 2014, CMS made several changes to the Code of Federal Regulations (CFR). This final rule makes several important changes to the 1915(c) HCBS waiver program, including requirements for home and community-based settings. Click here for more information about the HCBS Final Rule.

Fair Labor Standards Act (FLSA): The federal law that establishes minimum wage, overtime pay, recordkeeping and child labor standards affecting full and part time workers in private, federal, state and local governments, were changed effective January 2015. This rule change and subsequent guidance from the DOL have been call the “DOL Home Care Rule”. If a provider agency is a third party employer, the agency is required to pay at least the federal minimum wage and overtime pay to any direct care worker. Click here for more about DOL Home Care Rule.

Stakeholder Input

DDSD is conducting town hall meetings across the state to provide information about the DD Waiver renewal process and to collect information and ideas.

Statewide Townhall Meetings

Thank you for your feedback. It is important! Prior to drafting the DDW Renewal Application, Input was collected by DDSD from June 26, 2016 through August 1, 2016. Via Town Hall Meetings across the state and through surveys collected electronically and by mail. Below are summaries of all the input received by DDSD. All input was reviewed for consideration in the waiver application, potential waiver amendment or general systems improvement. By clicking on the questions below, you will be able to review the responses received pertaining to the seven (7) questions asked:

  1. What changes would most improve the DD Waiver? Public Response
  2. What comments do you have with regard to how participants rights can be protected? Public Response
  3. What comments do you have about the services offered by the waiver? Public Response
  4. What comments do you have about provider qualifications to meet settings requirements for the waiver? Public Response
  5. What comments to you have about incorporating residential and non residential settings requirements in the DD Waiver? Public Response
  6. Do you have any other comments, questions, or concerns? Public Response
  7. Please let us know who you are. Public Response

Events for Public Feedback

Feedback for DD Waiver Renewal Application

DD Waiver Renewal Webinar (12/07/16)

Proposed Chapter/Outline Restructure for DD Waiver Service Standards

Draft Chapters of DD Waiver Service Standards

Schedule of DD Waiver Service Standards Feedback Forums – Monthly Feedback Forums on DD Waiver Service standards will be held at Bank of the West 17th Floor, 5301 Central Ave Albuquerque during July through October 2017.

Meeting Date Time a.m/p.m sessions Links to Draft Chapters for Review
(NOT based on final Chapter order)
Link for Electronic Submission of Feedback


9:30 a.m. - 12:00 p.m.

Eligibility & Allocation
Provider Enrollment
Available Services & Individual Budget Development

Feedback Survey
DDW Standards Revision Feedback Forum #1 7.19.17 Poster Notes


1:00 p.m. – 3:30 p.m.

Provider Documentation and Client Records
Incident Management System
Provider Reporting Requirements

Feedback Survey
DDW Standards Revision Feedback Forum #1 7.19.17 Poster Notes


9:30 a.m. - 12:00 p.m.

Human Rights & Settings Requirements
Final Draft Short Statement of Rights
Person Centered Planning
Individual Service Plan

Feedback Survey
Poster Notes:
Human Rights & Settings
Person-Centered Planning
Individual Service Plan


1:00 p.m. - 3:30 p.m.

HealthCare Coordination

Feedback Survey
Poster Notes:
Healthcare Coordination


9:00 a.m. - 12:00 p.m.

Case Management
Community Inclusion
Qualified Providers

Feedback Survey
Poster Notes:
Case Management
Community Inclusion
Qualified Providers


1:00 p.m. – 4:00 p.m

Human Rights Committee Update on EPR New Topic
Professional & Clinical Services

Poster Notes:
Human Rights Committee EPR
Professional & Clinical Services


9:00 a.m. - 12:00 p.m.

Living Care Arrangements
Health Chapter
Nursing Services Chapter

Feedback Survey


1:00 p.m. – 4:00 p.m

Quality Improvement Strategy
Other Services
Preliminary Risk Screening and Consultation
Training Chapter

Feedback Survey

Preview of Clinical Criteria and Budget Worksheet Updates

Webinar (05/09/17 2:00 p.m. - 4:00 p.m.) - See the Invitation for a Preview of Clinical Criteria and Budget Worksheet Revisions for beta testing and feedback (note - this will not be recorded)

Please take a few moments to provide feedback to DDSD on the documents provided above by filling out our Brief Survey.

DDSD will be providing trainings for DD Waiver Providers and Case Managers statewide in June 2017 on the Clinical Criteria and Budget Worksheet updates. Please refer to the schedule for details.


Current Approved Waiver and NM Statewide Transition Plan

HCBS CMS Final Rule (webinar)

Note: documents in Portable Document Format (PDF) require Adobe Acrobat Reader 5.0 or higher to view, download Adobe Acrobat Reader.

Note: documents in Word format (DOC) require Microsoft Viewer, download word.

Note: documents in Excel format (XLS) require Microsoft Viewer, download excel.