Waiver eligibility will be determined by the Department as described in Section 509 of these rules. The participant must be financially eligible for Medical Assistance under IDAPA 16.03.05, "Eligibility for Aid for the Aged, Blind, and Disabled (AABD)," Section 787. The cited chapter implements the Financial Eligibility Section of the Idaho State Plan. In addition, waiver participants must meet the following:
01.Age of Participants. DD waiver participants must be eighteen (18) years old or older.02.Eligibility Determinations. The Department must determine that:a. The participant would qualify for ICF/IID level of care under Section 584 of these rules, if the waiver services listed in Section 703 of these rules were not made available; andb. The participant could be safely and effectively maintained in the requested or chosen community residence with appropriate waiver services. This determination must:(1) be made by a team of individuals with input from the person-centered planning team, and(2) prior to any denial of services on this basis, be determined by the plan developer that services to correct the concerns of the team are not available.c. The average annual cost of waiver services and other medical services to the participant would not exceed the average annual cost to Medicaid for ICF/IID care and other medical costs.03.HCBS Waiver-Eligible Participants. A participant who is determined by the Department to be eligible for services under the HCBS waivers for DD may elect not to utilize waiver services but may choose admission to an ICF/IID.04.Processing Applications. The participant's self-reliance staff will process the application under IDAPA 16.03.05, "Eligibility for Aid to the Aged, Blind, and Disabled (AABD)," as if the application was for admission to an ICF/IID, except that the self-reliance staff will forward potentially eligible applications immediately to the Department for review. The Medicaid application process cited above conforms to all statutory and regulatory requirements relating to the Medicaid application process.05.Transmitted Decisions to Self-Reliance Staff. The decisions of the Department regarding the acceptance of the participants into the waiver program will be transmitted to the self-reliance staff.06.Case Redetermination. a. Financial redetermination will be conducted under IDAPA 16.03.01, "Eligibility for Health Care Assistance for Families and Children," and IDAPA 16.03.05, "Eligibility for Aid to the Aged, Blind, and Disabled (AABD)." Medical redetermination will be made at least annually or sooner by the Department at the request of the participant, the self-reliance staff, provider agency, or physician. The chapters cited implement Idaho's approved State Plan except for deeming of income provisions.b. The redetermination process will assess the following factors:i. The participant's continued need and eligibility for waiver services; andii. Discharge from the waiver services program.07.Participant Eligibility Notifications. The Department will notify each participant of their eligibility decision as part of the initial eligibility determination, annual redetermination, or other reassessment process. The notification includes an individualized explanation of the decision and how the participant may appeal the eligibility decision.07.HCBS Waiver Participant Limitations. The number of Medicaid participants to receive waiver services under the HCBS waiver for DD participants will be limited to the projected number of users contained in the Department's approved waiver. Individuals who apply for waiver services after the waiver maximum has been reached will be placed on a waiting list and will have their applications processed after September 30th for the DD waiver of each new waiver year.Idaho Admin. Code r. 16.03.10.702