16 Del. Admin. Code § 20000-20101
The application process is twofold. Applicants for Medicaid must be medically and financially eligible to receive coverage. Referrals for Medicaid may come from many sources: the applicant, the family of the applicant, persons in the community, hospital social workers, etc. The potential nursing facility or Home and Community Based Waiver patient may be in an adult foster care home, in his own home, in the hospital or in a nursing facility as a private pay patient.
Rarely does the applicant himself initiate the referral. This means it is extremely important in the case of the mentally competent patient that the Division of Medicaid and Medical Assistance (DMMA) nurse determine initially if the patient is aware that a referral for nursing facility admission or Home and Community Based Waiver has been made. The person must be willing to enter a nursing facility or accept Waiver services, otherwise placement or referral cannot be made. The DMMA nurse and social worker may assist the family or others in helping the patient to accept the need for nursing facility or Waiver care, but the main responsibility belongs to the family or persons acting as family.
If the patient is not competent, the family or someone acting responsibly as defined in 42 CFR 435.907(a) will act on behalf of the patient.
It is not the responsibility of DMMA to find a nursing facility placement for a patient although they may give assistance when they have knowledge of available, Medicaid certified beds.
16 Del. Admin. Code § 20000-20101