Utah Admin. Code R414-519-3 - Limitations
(1) Home and community-based settings do not
include the following:
(a) A nursing
facility;
(b) An institution for
mental diseases;
(c) An
intermediate care facility for individuals with intellectual
disabilities;
(d) A hospital;
or
(e) Any other locations that
have qualities of an institutional setting, as determined by the Centers for
Medicare and Medicaid Services (CMS). Any setting that is located in a building
that is also a publicly or privately operated facility that provides inpatient
institutional treatment, or in a building on the grounds of, or immediately
adjacent to, a public institution, or any other setting that has the effect of
isolating individuals receiving Medicaid HCBS from the broader community of
individuals not receiving Medicaid HCBS will be presumed to be a setting that
has the qualities of an institution unless CMS determines through heightened
scrutiny, based on information presented by the Department or other parties,
that the setting does not have the qualities of an institution and that the
setting does have the qualities of home and community-based settings.
Notes
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