Sec. 10.22.12.05. Eligibility Criteria and Preliminary Determination Process

A. Eligibility Criteria. To be eligible for services funded by the DDA as an individual with developmental disability, that individual shall:

(1) Be a resident of Maryland; and

(2) Have an evaluation that finds that a developmental disability is present.

B. Preliminary Determination Process.

(1) The DDA access unit shall complete the preliminary determination and send the applicant, caregiver, or other proponent, when one exists, a letter containing the results within 7 calendar days of receipt of the application as indicated in Regulation .04C(2),of this chapter.

(2) The preliminary determination consists of a review of all information supplied by or for the individual to determine the presence of an apparent disability which meets the eligibility requirements.

(3) The DDA access unit shall send a letter to the applicant, caregiver, or other proponent, when one exists, which contains the following information:

(a) The DDA access unit has received the application;

(b) The individual appears to have a developmental disability, or does not appear to have a developmental disability, but may be eligible for individual support services in accordance with Health-General Article, §7-403(c), Annotated Code of Maryland;

(c) The applicant, caregiver, or other proponent, when one exists, shall receive a personal contact in accordance with Regulation .03B(21) of this chapter, or the individual is not eligible for services funded by the DDA and no further action shall be taken by the DDA, absent an appeal of this determination;

(d) The individual may be eligible for services from the Mental Hygiene Administration; and

(e) The individual has the right to an informal hearing to appeal the decision in accordance with COMAR 10.22.16.