441—83.88 (249A) Adverse service actions.
	 83.88(1) Denial. An application for services shall be denied when it is determined by the department that:
	  a.   	 The consumer is not eligible for the services because all of the medically necessary service needs cannot be met in a home- or community-based setting.
	  b.   	 Service needs exceed the service unit or reimbursement maximums.
	  c.   	 Service needs are not met by the services provided.
	  d.   	 Needed services are not available or received from qualifying providers.
	  e.   	 The brain injury waiver service is not identified in the consumer’s service plan.
	  f.   	 There is another community resource available to provide the service or a similar service free of charge to the consumer that will meet the consumer’s needs.
	  g.   	 The consumer receives services from other Medicaid waiver providers.
	  h.   	 The consumer or legal representative through the interdisciplinary process requests termination from the services.
	 83.88(2) Reduction. A particular service may be reduced when the department determines that the provisions of 441—subrule 130.5(3), paragraph “a” or “b,” apply.
	 83.88(3) Termination. A particular service may be terminated when the department determines that:
	  a.   	 The provisions of 441—subrule 130.5(2), paragraph “d,” “g,” or “h,” apply.
	  b.   	 Needed services are not available or received from qualifying providers.
	  c.   	 The brain injury waiver service is not identified in the consumer’s annual service plan.
	  d.   	 Service needs are not met by the services provided.
	  e.   	 Services needed exceed the service unit or reimbursement maximums.
	  f.   	 Completion or receipt of required documents by the department or the medical facility discharge planner for the brain injury waiver service consumer has not occurred.
	  g.   	 The consumer receives services from other Medicaid providers.
	  h.   	 The consumer or legal representative through the interdisciplinary process requests termination from the services.