Ariz. Admin. Code § 6-6-302

Current through Register Vol. 30, No. 44, November 1, 2024

Section R6-6-302 - Eligibility for Program

A. In order to be eligible for the program, an individual shall:

1. Demonstrate lawful presence in the United States;

2. Be a resident of the state of Arizona;

3. Have a developmental disability as defined in A.R.S. § 36-551 and this Article; and

4. Complete the application process.

B. Notwithstanding the provisions of subsection (A), the requirement of state residency does not apply to federal programs that are not subject to residency rules.

C. As a condition of eligibility, applicants shall assign rights to insurance benefits under this Chapter.

D. The Department shall make the final determination of eligibility.

E. The Division's Assistant Director or designee may review a member's eligibility at any time.

F. Even though an individual may have at one time met the requirements contained in this Article, effective interventions may later reduce substantial functional limitations to the extent that the individual no longer meets the eligibility requirements. When the Department, after a review pursuant to Article 18 of this Chapter, determines that it is necessary for a member to receive continued services to maintain skills or to prevent regression, the member shall remain eligible for the program.

G. The Department shall determine eligibility for children under the age of six years as follows:

1. A child under the age of six years may be eligible for the program if there is a strongly demonstrated potential that the child is or will be diagnosed with a developmental disability as determined by developmentally appropriate evaluations.

2. To be eligible for the program, a child under the age of six years shall:

a. Have a diagnosis of cerebral palsy, epilepsy, autism, or cognitive/intellectual disability; or

b. Be at risk for being diagnosed with a developmental disability based on:

i. An identified delay in one or more areas of development, or

ii. The likelihood that without services the child will be diagnosed with a developmental delay or disability.

c. Have demonstrated a significant developmental delay as determined in one or more areas of development as measured on a culturally appropriate and recognized developmental assessment tool. Eligibility is exclusive of cultural or environmental factors.

3. For a child under the age of six years, a licensed physician, licensed psychologist, or an individual formally trained in early childhood development who evaluates the child through the use of culturally appropriate and recognized developmental tools and informed clinical opinion shall determine the developmental delay or disability.

H. To be eligible for the program, an individual, age six and older shall:

1. Have a diagnosis of cerebral palsy, epilepsy, autism, or cognitive/intellectual disability; and

2. Have functional limitations in three or more areas of major life activities as described in R6-6-303(C).

I. If the Department determines an individual to be ineligible for the program, the Department shall send the applicant a written notice of ineligibility by registered mail with return receipt requested. The notice shall include information regarding the opportunity for administrative review.

Ariz. Admin. Code § R6-6-302

Adopted effective October 31, 1978 (Supp. 78-5). Former Section R6-6-302 repealed, new Section R6-6-302 adopted effective March 30, 1983 (Supp. 83-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.