N.Y. Comp. Codes R. & Regs. tit. 14 § 635-10.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 635-10.3 - Eligibility

(a) In order to be approved for participation in the HCBS waiver, the person shall be approved by OPWDD and in accordance with the forms and format approved by the commissioner.

(b) The application for participation approval shall document that the person:

(1) has a diagnosis of developmental disability;

(2) is eligible for ICF/IID level of care (i.e., placement in an ICF/IID);

(3) is an enrolled Medicaid recipient or is eligible for enrollment;

(4) exercised freedom of choice between receipt of waiver services or placement in an ICF/IID;

(5) will reside in an appropriate living arrangement (i.e., their own home or that of relatives, a supervised or supportive community residence, a certified individualized residential alternative (per section 686.16 of this Title), or in a certified family care home) at the time of enrollment. A person may not reside in an ICF/IID, or if they have resided in an ICF/IID (including a developmental center), be fully discharged from that setting prior to receipt of HCBS waiver services; and

(6) has a demonstrated need for home and community based waiver services as determined by OPWDD.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 635-10.3

Amended, New York State Register, Volume XXXVI, Issue 25, effective 7/1/2014

Amended by New York State Register September 24, 2014/Volume XXXVI, Issue 38, eff. 9/24/2014.

Amended New York State Register July 1, 2015/Volume XXXVII, Issue 26, eff. 7/1/2015

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff. 11/1/2015

Amended New York State Register April 20, 2016/Volume XXXVIII, Issue 16, eff. 4/20/2016

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register November 1, 2023/Volume XLIV, Issue 44, eff. 11/1/2023