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37.34.918    0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: FREEDOM OF CHOICE

(1) A person determined by the department to require the level of care provided in an ICF/IID must be given a choice between placement in an ICF/IID or in the 0208 Medicaid Home and Community-Based Services (HCBS) Waiver Program.

(2) The person or legal representative must be informed of the feasible alternatives in the community, if any, available under the 0208 Medicaid HCBS Waiver Program.

(3) The Quality Improvement Specialist will complete the Waiver 5, Freedom of Choice form with the person during the initial face-to-face level of care determination and document, in the person's file, that the person was given the choice and record the choice the person made.

(4) Case managers must inform the person currently served in the 0208 HCBS Waiver Program annually of feasible alternatives in the community and provide documentation for the person's file.

History: 53-6-113, 53-6-402, MCA; IMP, 53-6-101, 53-6-402, MCA; NEW, 1992 MAR p. 1490, Eff. 7/17/92; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2014 MAR p. 220, Eff. 1/31/14.

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