441—83.102  (249A)  Eligibility.  To be eligible for physical disability waiver services, a consumer must meet eligibility criteria set forth in subrule 83.102(1) and be determined to need a service allowable under the program per subrule 83.102(2).
	   83.102(1) Eligibility criteria. All of the following criteria must be met. The person must:
	      a.    	  Have a physical disability.
	      b.    	  Be blind or disabled as determined by the receipt of social security disability benefits or by a disability determination made through the department. Disability determinations are made according to supplemental security income guidelines under Title XVI of the Social Security Act or the disability guidelines for the Medicaid employed people with disabilities coverage group.
	      c.    	  Be ineligible for the HCBS intellectual disability waiver.
	      d.    	  Have the ability to hire, supervise, and fire the provider as determined by the service worker, and be willing to do so, or have a parent or guardian named by probate court, or attorney in fact under a durable power of attorney for health care who will take this responsibility on behalf of the consumer.
	      e.    	  Be eligible for Medicaid under 441—Chapter 75.
	      f.    	  Be aged 18 years to 64 years.
	      g.    	  Rescinded IAB 2/7/01, effective 2/1/01.
	      h.    	  Be in need of skilled nursing or intermediate care facility level of care based on information submitted on Form 470-4392, Level of Care Certification for HCBS Waiver Program.
	       (1)  	  A physician, doctor of osteopathy, registered nurse practitioner, or physician assistant shall complete Form 470-4392 when the person applies for waiver services, upon request to report a change in the person’s condition, and annually for reassessment of the person’s level of care.
	       (2)  	  Initial decisions on level of care shall be made for the department by the IME medical services unit within two working days of receipt of medical information. The IME medical services unit determines whether the level of care requirement is met based on medical necessity and the appropriateness of the level of care under 441—subrules 79.9(1) and 79.9(2).
	       (3)  	  Adverse decisions by the IME medical services unit may be appealed to the department pursuant to 441—Chapter 7.
	      i.    	  Choose HCBS.
	      j.    	  Use a minimum of one unit of service per calendar quarter under this program.
	      k.    	  For the consumer choices option as set forth in 441—subrule 78.46(6), not be living in a residential care facility.
	   83.102(2) Need for services.
	      a.    	  The applicant shall have a service plan which is developed by the applicant and a department service worker. The plan must be completed and approved before service provision.
	       (1)  	  The service worker shall identify the need for service based on the needs of the applicant, as documented in Form 470-5044, Service Worker Comprehensive Assessment, as well as the availability and appropriateness of services.
	       (2)  	  The service worker shall have a face-to-face visit with the member at least annually.
	      b.    	  The total cost of physical disability waiver services, excluding the cost of home and vehicle modifications, shall not exceed $705.84 per month.
	   83.102(3) Slots. The total number of persons receiving HCBS physical disability waiver services in the state shall be limited to the number provided in the waiver approved by the Secretary of the U.S. Department of Health and Human Services. These slots shall be available on a first-come, first-served basis.
	   83.102(4) County payment slots for persons requiring the ICF/MR level of care. Rescinded IAB 10/6/99, effective 10/1/99.
	   83.102(5) Securing a slot.
	      a.    	  The county department office shall enter all waiver applications into the individualized services information system (ISIS) to determine if a slot is available for all new applicants for the HCBS physical disability waiver program.
	       (1)  	  For applicants not currently receiving Medicaid, the county department office shall make the entry by the end of the fifth working day after receipt of a completed Form 470-2927 or 470-2927(S), Health Services Application, or within five working days after receipt of disability determination, whichever is later.
	       (2)  	  For current Medicaid members, the county department office shall make the entry by the end of the fifth working day after receipt of a written request signed and dated by the waiver applicant.
	      b.    	  If no slot is available, the department shall enter applicants on the HCBS physical disabilities waiver waiting list according to the following:
	       (1)  	  Applicants not currently eligible for Medicaid shall be entered on the basis of the date a completed Form 470-2927 or 470-2927(S), Health Services Application, is received by the department or upon receipt of disability determination, whichever is later. Applicants currently eligible for Medicaid shall be added on the basis of the date the applicant requests HCBS physical disability program services. In the event that more than one application is received on the same day, applicants shall be entered on the waiting list on the basis of the day of the month of their birthday, the lowest number being first on the list. Any subsequent tie shall be decided by the month of birth, January being month one and the lowest number.
	       (2)  	  Persons who do not fall within the available slots shall have their applications rejected but their names shall be maintained on the waiting list. As slots become available, persons shall be selected from the waiting list to maintain the number of approved persons on the program based on their order on the waiting list.
	   83.102(6) Securing a county payment slot. Rescinded IAB 10/6/99, effective 10/1/99.
	   83.102(7) HCBS physical disability waiver waiting list. When services are denied because the limit on the number of slots is reached, a notice of decision denying service based on the limit and stating that the person’s name shall be put on a waiting list shall be sent to the person by the department.
[ ARC 9650B , IAB 8/10/11, effective 10/1/11;    ARC 0306C , IAB 9/5/12, effective 11/1/12;    ARC 0548C , IAB 1/9/13, effective 1/1/13;    ARC 0665C , IAB 4/3/13, effective 6/1/13;    ARC 0842C , IAB 7/24/13, effective 7/1/13;    ARC 1056C , IAB 10/2/13, effective 11/6/13;    ARC 1445C , IAB 4/30/14, effective 7/1/14;    ARC 2848C , IAB 12/7/16, effective 11/15/16;    ARC 2936C , IAB 2/1/17, effective 3/8/17]