<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 10.09.61.04" title_num="10" subtitle_num="09" chapter_num="61" heading="Waiver Eligibility.">
  <paragraph num="A.">
    <text>Based on the criteria established in Regulations .02 and .03 of this chapter, an applicant's eligibility for services under this chapter shall be established by the Department, and waiver eligibility may not begin before the latest of the following five dates:</text>
    <paragraph num="(1)">
      <text>Waiver application date;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Effective date of medical certification for the waiver's institutional level of care;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Date that the applicant's written waiver service plan is established;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Date that the applicant or representative signed a form designated by the Department to indicate the choice of waiver services as an alternative to institutionalization; or</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Date of the applicant's discharge from institutionalization in a long term care facility, if applicable.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Department or its designee shall reevaluate a participant's eligibility for waiver services annually.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A participant shall be terminated from participation in the waiver as of the effective date of ineligibility as determined by the Department if the participant:</text>
    <paragraph num="(1)">
      <text>No longer meets the eligibility requirements specified in Regulations .02 and .03 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Voluntarily chooses, or the participant's authorized representative chooses on the participant's behalf, to disenroll from the waiver;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Moves to another state;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Is an inpatient for 30 consecutive days or more in a chronic hospital or nursing facility;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Does not receive waiver services for 90 consecutive days; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Dies.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Reenrollment in the Waiver. If an individual is terminated from the waiver, the same individual may reenroll in the waiver during the same waiver year, if the individual meets all of the eligibility requirements of the waiver.</text>
  </paragraph>
</regulation>