Subpart 1.
Eligibility criteria for DD waiver.
A person is eligible to receive home and community-based
services through the DD waiver if the person meets all the criteria in items A
to E and if home and community-based services are provided according to part
9525.1830:
A. the person is a resident of an ICF/DD or
the screening team determines that the person would be placed in an ICF/DD
within one year if home and community-based services were not
provided;
B. the person has been
determined to meet the diagnostic requirements under parts
9525.0004 to
9525.0036;
C. the person is eligible to receive medical
assistance under Minnesota Statutes, chapter 256B, or subpart
2;
D. the screening team has determined that the
person needs daily intervention; and
E. the person's individual service plan
documents the need for daily intervention and specifies the services needed
daily.
Subp. 1a.
Eligibility criteria for the ACS waiver.
A person is eligible to receive home and community-based
services through the ACS waiver if the person meets all requirements in subpart
1, items B to E, and:
A. was admitted to a Medicaid-certified
nursing facility before January 1, 1990, or amended date as approved by the
Health Care and Finance Administration; and
B. is currently residing in a
Medicaid-certified nursing facility, but has been determined by the screening
team as requiring ICF/DD level of care.
Subp. 2.
Medical assistance eligibility
for children residing with their parents.
The county board shall determine eligibility for medical
assistance for a person under age 18 who resides with a parent or parents
without considering parental income and resources if:
A. the person meets the criteria in subpart
1, items A to E;
B. the person will be provided home and
community-based services according to part
9525.1830;
C. the person would not be eligible for
medical assistance if parental income and resources were considered;
and
D. the commissioner has
approved in writing a county board's request to suspend for the person the
deeming requirements in Code of Federal Regulations, title 42, section 436.821
according to the waiver.
Subp.
3.
Beginning date.
Eligibility for medical assistance begins on the first day of
the month in which the person first receives home and community-based
services.
