The Department may not deny an individual access to a home– and community–based services waiver due to a lack of funding for waiver services if: The individual is living in a nursing facility at the time of the application for waiver services; At least 30 consecutive days of the individual’s nursing facility stay are eligible to be paid for by the Program; The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver; and The home– and community–based services provided to the individual would qualify for federal matching funds; or The individual is living at home or in the community at the time of the application for waiver services; The individual received home– and community–based services through Community First Choice for at least 30 consecutive days; The individual will be or has been terminated from participation in the Program on becoming entitled to or enrolled in Medicare Part A or enrolled in Medicare Part B; The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver within 6 months after the completion of the application; and The home– and community–based services provided to the individual would qualify for federal matching funds. Nothing in this section is intended to result in a reduction of federal funds available to the Department.