Sec. 10.09.61.04. Waiver Eligibility

A. Based on the criteria established in Regulations .02 and .03 of this chapter, an applicant's eligibility for services under this chapter shall be established by the Department, and waiver eligibility may not begin before the latest of the following five dates:

(1) Waiver application date;

(2) Effective date of medical certification for the waiver's institutional level of care;

(3) Date that the applicant's written waiver service plan is established;

(4) Date that the applicant or representative signed a form designated by the Department to indicate the choice of waiver services as an alternative to institutionalization; or

(5) Date of the applicant's discharge from institutionalization in a long term care facility, if applicable.

B. The Department or its designee shall reevaluate a participant's eligibility for waiver services annually.

C. A participant shall be terminated from participation in the waiver as of the effective date of ineligibility as determined by the Department if the participant:

(1) No longer meets the eligibility requirements specified in Regulations .02 and .03 of this chapter;

(2) Voluntarily chooses, or the participant's authorized representative chooses on the participant's behalf, to disenroll from the waiver;

(3) Moves to another state;

(4) Is an inpatient for 30 consecutive days or more in a chronic hospital or nursing facility;

(5) Does not receive waiver services for 90 consecutive days; or

(6) Dies.

D. Reenrollment in the Waiver. If an individual is terminated from the waiver, the same individual may reenroll in the waiver during the same waiver year, if the individual meets all of the eligibility requirements of the waiver.