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Minnesota Legislature

Office of the Revisor of Statutes

9525.1820 ELIGIBILITY.

Subpart 1.

Eligibility criteria for DD waiver.

A person is eligible to receive home and community-based services through the DD waiver if the person meets all the criteria in items A to E and if home and community-based services are provided according to part 9525.1830:

A.

the person is a resident of an ICF/DD or the screening team determines that the person would be placed in an ICF/DD within one year if home and community-based services were not provided;

B.

the person has been determined to meet the diagnostic requirements under parts 9525.0004 to 9525.0036;

C.

the person is eligible to receive medical assistance under Minnesota Statutes, chapter 256B, or subpart 2;

D.

the screening team has determined that the person needs daily intervention; and

E.

the person's individual service plan documents the need for daily intervention and specifies the services needed daily.

Subp. 1a.

Eligibility criteria for the ACS waiver.

A person is eligible to receive home and community-based services through the ACS waiver if the person meets all requirements in subpart 1, items B to E, and:

A.

was admitted to a Medicaid-certified nursing facility before January 1, 1990, or amended date as approved by the Health Care and Finance Administration; and

B.

is currently residing in a Medicaid-certified nursing facility, but has been determined by the screening team as requiring ICF/DD level of care.

Subp. 2.

Medical assistance eligibility for children residing with their parents.

The county board shall determine eligibility for medical assistance for a person under age 18 who resides with a parent or parents without considering parental income and resources if:

A.

the person meets the criteria in subpart 1, items A to E;

B.

the person will be provided home and community-based services according to part 9525.1830;

C.

the person would not be eligible for medical assistance if parental income and resources were considered; and

D.

the commissioner has approved in writing a county board's request to suspend for the person the deeming requirements in Code of Federal Regulations, title 42, section 436.821 according to the waiver.

Subp. 3.

Beginning date.

Eligibility for medical assistance begins on the first day of the month in which the person first receives home and community-based services.

Statutory Authority:

MS s 256B.092; 256B.501; 256B.502; 256B.503

History:

10 SR 838; 12 SR 1148; 16 SR 2238; 18 SR 2244; L 2005 c 56 s 2

Published Electronically:

October 16, 2013