32 Miss. Code. R. 1-22.3

Current through December 10, 2024

Section 32-1-22.3 - CLOSURES - GOALS NOT MET

There are two reasons for closures - goals not met:

1. Because eligibility requirements are not met and

2. For reasons other than eligibility criteria not met (often referred to as intervening reasons)

Closure Reasons Because Eligibility Requirements are Not Met

Ineligibility determination must be based on one of the following:

* No disabling condition

To close cases as "no disabling condition" medical documentation must indicate that the applicant does not have a severe physical or mental impairment.

* No serious limitations in their ability to function independently in the family or community or continue in employment;

To close case as "no serious limitation in their ability to function", case documentation must show that the applicant's physical or mental condition does not cause serious limitations in their ability to function independently in the family or community.

* The delivery of IL Services will not significantly assist the individual to improve his or her ability to function, continue functioning or move towards functioning in the family or community.

* Disability is too severe/unable to benefit from IL services.

To close a case as "disability too severe" requires clear and convincing evidence of the severity of the disability.

"Clear and convincing evidence" means that MDRS shall have a higher degree of certainty before it can conclude that an individual is incapable of benefiting from services in terms of improving their ability to function independently in the home and community. The clear and convincing standard constitutes the highest standard used in our civil system of law and is to be individually applied on the case-by-case basis. It would require evidence from more than one source. Also, a demonstration of clear and convincing evidence requires the exploration of the applicant's abilities, capabilities, and capacity to perform in the home and community with any necessary supports in real life settings.

Medical documentation is required if an applicant has a severe physical/mental condition.

Closures because eligibility requirements are not met require full consultation with the applicant. This consultation must be recorded.

Written notification must include:

* The reason for the ineligibility determination

* Appeal rights

* Availability of the Client Assistance Program

* Referral to other agencies and facilities

32 Miss. Code. R. 1-22.3