Rule 23-208-2.2 - EligibilityA. Eligibility requirements for the Independent Living (IL) Waiver Program include the following: 1. Persons must be age sixteen (16) or older. 2. Persons must require nursing facility level of care as determined by a comprehensive long-term services and supports (LTSS) assessment. 3. Persons must exhibit severe orthopedic and/or neurological impairments that render them dependent on others, assistive devices, other types of assistance, or a combination of the three (3) to accomplish the activities of daily living. 4. Persons must be able to express ideas and wants either verbally or nonverbally with caregivers, personal care attendants (PCAs), case managers or others involved in their care. 5. Persons must be certified as medically stable by a physician. The Division of Medicaid defines medical stability as the absence of all of the following: a) An active, life-threatening condition requiring systematic therapeutic measures, b) Intravenous drip to control or support blood pressure, and c) Intracranial pressure or arterial monitoring. 6. Persons must meet the criteria in one (1) of the following Categories of Eligibility (COE): a) Supplemental Security Income (SSI), b) Parents and Other Caretaker Relatives Program, c) Disabled Child Living at Home, d) Children under age nineteen (19) who meet the applicable income requirements, f) Protected Foster Care Adolescents, g) Child Welfare Services (CWS) Foster Children and Adoption Assistance Children, h) IV-E Foster Children and Adoption Assistance Children, i) An aged, blind or disabled individual who meets all factors of institutional eligibility. If income exceeds the current institutional limit, the individual must pay the Division of Medicaid the portion of their income that is due under the terms of an Income Trust in order to qualify, orB. Persons enrolled in the IL Waiver cannot reside in a nursing facility or licensed or unlicensed personal care home and are prohibited from receiving additional Medicaid services through another waiver program. C. Persons enrolled in the IL Waiver who elect to receive hospice care may not receive waiver services which are duplicative of any services rendered through hospice. Persons may receive non-duplicative waiver services in coordination with hospice services. 23 Miss. Code. R. 208-2.2
42 U.S.C. § 1396n; 42 C.F.R. §§ 435.217, 440.180, 441.301; Miss. Code Ann. §§ 43-13-115, 43-13-117, 43-13-121.Added Miss. Admin. Code Part 208, Rule 2.2.E. eff. 06/01/2016; Amended 8/1/2016