Md. Code Regs. 10.09.26.11

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.09.26.11 - Participant Eligibility

A. Waiver participants shall meet the eligibility conditions of §B of this regulation, as well as Regulation .12 of this chapter.

B. To be eligible for services under the Home and Community Based Services Waiver for the Developmentally Disabled, a person shall:

(1) Be a recipient who, immediately before placement pursuant to these regulations, is residing in a:

(a) State residential center;

(b) Nursing facility and who is determined through the Preadmission Screening Annual Resident Review (PASARR) process to:

(i) Have a developmental disability, and

(ii) Be in need of specialized services pursuant to 42 CFR § 483.136; or

(c) Chronic care or nursing facility bed at a chronic care facility; or

(d) Community setting and who is determined by DDA to be at risk of placement in a State residential center or in a chronic care or nursing facility bed at a chronic care facility, in accordance with DDA's process for eligibility determinations and for determination of service priority categories;

(2) Be given a comprehensive evaluation as defined in Health-General Article, §7-104, Annotated Code of Maryland;

(3) Have an approved plan of care;

(4) Be selected by the DDA based on professionally accepted assessment measures, as appropriate to participate in the waiver program;

(5) Choose, during an interpretive interview, between institutional or home and community based services;

(6) Be certified for an ICF/IID level of care and have need for active treatment pursuant to 42 CFR § 435.1009.

Md. Code Regs. 10.09.26.11

Regulations .11 adopted as an emergency provision effective February 13, 1984 (11:5 Md. R. 455); emergency status extended at 11:7 Md. R. 621; adopted permanently effective August 12, 1984 (11:15 Md. R. 1330)
Regulation .11B amended effective 40:20 Md. R. 1652, eff.10/14/2013