DHCS seeks comment on qualified-individual waiver pathways

What happened

CDSS would review requests, consulting DHCS for behavioral-health plans. The three routes allow BHP development and submission, provider development with BHP submission, or provider development and direct submission after BHP signature. All retain independence safeguards. Ordinary BHP employment alone needs no waiver unless the specified placing-agency or placement-setting connection applies. Training, conflict controls, and ongoing monitoring remain required.

Approval would last one year, with renewal requested at least sixty days before expiration. Waivers cannot be shared across counties; loss of qualifications requires immediate removal and CDSS notice. SMHS reimbursement still requires a qualified Medi-Cal provider and compliant documentation. The official index posts October 14 feedback; these draft conditions are not yet final instructions.

Why it matters

Residential treatment and contracted behavioral health assessment programs need to assess whether the proposed pathways preserve independent placement decisions.

Implementation playbook

1. Review the draft with child welfare and behavioral health partners; evaluate conflicts and decide whether organizational comments are warranted. Clinical Operations · Due 2026-10-14
2. Record the applicability assessment and validate the affected workflow with its operational owner. This is an internal review target, not an additional statutory deadline. Compliance · Due 2026-10-12

Sources

• Draft BHIN, Qualified Individual Waiver Process OptionsOfficial · DHCS · 2026-09-25 · Source review 2026-10-11
• 2026 Behavioral Health Information NoticesOfficial · DHCS · 2026-09-30 · Source review 2026-10-11