Virginia is changing its Developmental Medicaid Waiver program. These are programs that provide services to individuals with developmental disabilities. Here is an outline of the changes:

Why were the Waiver programs redesigned?

  1. Long wait list;
  2. Complicated and varied points of entry;
  3. Three different waiver programs with different and confusing eligibly criteria;
    Day Support
    Developmental Disability (DD)
    Intellectual Disability (ID)

What Changes were made?
We still have 3 waivers but with new names.

  1. Building Independence
  2. Family and Individual Supports
  3. Community Living

In the end Virginia felt amending the current three waivers was easier to get through CMS than developing one comprehensive waiver.

How will an applicant access the three waivers?

  1. Local Community Services Board (CSB) will be the point of entry for the new program.
  2. A single developmental disability definition will be used to qualify individuals for waiver services. Hopefully, a uniform definition will allow all people with developmental disabilities to be served under all three waivers.
  3. Virginia will utilize the Supports Intensity Scale (SIS) along with other information relating to medical, behavior or other needs, to determine individual's base service package. Based on the SIS individuals will be slotted into one of the three new waivers.

Building Independence Waiver
Provides supports for adults able to live independently in the community with other support and or housing subsidies as needed. The supports available in the waiver will be periodic or provided as needed.

Family and Individual Supports Waiver
Provides supports for individuals living with their families, friends, or in their own homes, including supports for those with some medical or behavioral needs.

Community Living Waiver
Provides up to and including 24/7 services and supports for individuals with exceptional medical and/or behavioral support needs through licensed services. This waiver will include residential supports and a full array of medical, behavioral, and medical supports.

What About the Wait List?
There will be a single consolidated wait list based on urgency.

What About Individuals already receiving services?
They will be grandfathered in by assessing current needs and then assignment to the appropriate waiver.

Edward Zetlin Law is experienced in such issues. Don't hesitate to call if you face such an issue or if you have additional questions. Edward Zetlin Law would be happy to discuss. Please contact us at 703-379-0442 or e-mail at

Community Presentations in June for Ed Zetlin
Edward Zetlin Law will be exhibiting at the Services Source resource fair on June 11th along with the Autism Society of Northern Virginia at 10467 White Granite Dr. Oakton, VA 22124.

Contact us at (703)379-0442;

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