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37.34.225    DEVELOPMENTAL DISABILITIES COMMUNITY SERVICES ELIGIBILITY: TERMINATION OF ELIGIBILITY FOR A PROGRAM

(1) The department may terminate a person's eligibility for a particular program of developmental disabilities services if the person, in accordance with this subchapter and the rules pertinent to eligibility for that program, does not meet the eligibility requirements for that program. The particular programs of developmental disability services are:

(a) the 0208 waiver program of Medicaid funded home and community services;

(b) the 0371 community supports waiver program of Medicaid funded home and community services;

(c) the 0667 autism services program of Medicaid funded home and community services; and

(d) the federally funded Part C early intervention services.

(2) The department may terminate a person's eligibility for a particular program of services if:

(a) the program services or funding necessary to implement the person's service plan are unavailable from the program;

(b) the professional and other services necessary to implement the person's service plan are unavailable;

(c) the person does not cooperate in the eligibility determination process;

(d) the person does not participate in the planning for service delivery;

(e) the program services are no longer appropriate or cost effective in relation to the person's needs and there are no alternative program services available by which a service plan can be implemented to provide for the person's needs;

(f) a person poses imminent risk to the health and safety of the person or another person by not participating in the program services available to that person;

(g) behaviors of the person preclude the delivery of program services as provided for in the person's service plan;

(h) behaviors of the person necessitate that the person must be served in a setting that is not available through the program or in which the services of the program may not be delivered; or

(i) health status of the person necessitates that the person must be served in a setting that is not available through the program or in which the services of the program may not be delivered.

History: 53-20-204, MCA; IMP, 53-20-203, 53-20-205, 53-20-209, MCA; NEW, 2012 MAR p. 900, Eff. 6/24/11.

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