<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 10.09.26.11" title_num="10" subtitle_num="09" chapter_num="26" heading="Participant Eligibility.">
  <paragraph num="A.">
    <text>Waiver participants shall meet the eligibility conditions of §B of this regulation, as well as Regulation .12 of this chapter.</text>
  </paragraph>
  <paragraph num="B.">
    <text>To be eligible for services under the Home and Community Based Services Waiver for the Developmentally Disabled, a person shall:</text>
    <paragraph num="(1)">
      <text>Be a recipient who, immediately before placement pursuant to these regulations, is residing in a:</text>
      <paragraph num="(a)">
        <text>State residential center;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Nursing facility and who is determined through the Preadmission Screening Annual Resident Review (PASARR) process to:</text>
        <paragraph num="(i)">
          <text>Have a developmental disability, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Be in need of specialized services pursuant to 42 CFR §483.136; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Chronic care or nursing facility bed at a chronic care facility; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Community setting and who is determined by DDA to be at risk of placement in a State residential center or in a chronic care or nursing facility bed at a chronic care facility, in accordance with DDA's process for eligibility determinations and for determination of service priority categories;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Be given a comprehensive evaluation as defined in Health-General Article, §7-104, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Have an approved plan of care;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Be selected by the DDA based on professionally accepted assessment measures, as appropriate to participate in the waiver program;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Choose, during an interpretive interview, between institutional or home and community based services;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Be certified for an ICF/IID level of care and have need for active treatment pursuant to 42 CFR §435.1009.</text>
    </paragraph>
  </paragraph>
</regulation>