441—83.48 (249A) Adverse service actions.
	 83.48(1) Denial. An application for services shall be denied when it is determined by the department that:
	  a.   	 The client is not eligible for or in need of services.
	  b.   	 Except for respite care, the AIDS/HIV waiver services are not needed on a regular basis.
	  c.   	 Service needs exceed the aggregate monthly costs established in 83.42(2)“b” or cannot be met by the services provided under the waiver.
	  d.   	 Needed services are not available from qualified providers.
	 83.48(2) Termination. Participation in the AIDS/HIV waiver program may be terminated when the department determines that:
	  a.   	 The provisions of 441—subrule 130.5(2), paragraph “a,” “b,” “c,” “d,” “g,” or “h” apply.
	  b.   	 The costs of the AIDS/HIV waiver services for the person exceed the aggregate monthly costs established in 83.42(2)“b.”
	  c.   	 The client receives care in a hospital or nursing facility for 30 days or more in any one stay for purposes other than respite care.
	  d.   	 The client receives AIDS/HIV waiver services and the physical or mental condition of the client requires more care than can be provided in the client’s own home as determined by the service worker.
	  e.   	 Service providers are not available.
	 83.48(3) Reduction of services shall apply as in 441—subrule 130.5(3), paragraphs “a” and “b.”