441—83.123 (249A) Application. The Medicaid application process as specified in rules 441—76.1(249A) to 441—76.6(249A) shall be followed for an application for HCBS children’s mental health waiver services.
	   83.123(1) Program limit. The number of persons who may be approved for the HCBS children’s mental health waiver shall be subject to the number of consumers to be served as set forth in the federally approved HCBS children’s mental health waiver. When the number of applicants exceeds the number of consumers specified in the approved waiver, the consumer’s application shall be rejected and the consumer’s name shall be placed on a waiting list.
	      a.    	 The local office shall determine if a payment slot is available by the end of the fifth working day after receipt of:
	       (1)  	 A completed Form 470-2297, Health Services Application, from a consumer who is not currently a Medicaid member;
	       (2)  	 Form 470-4694, Case Management Comprehensive Assessment, with HCBS waiver choice indicated by signature of a Medicaid member’s parent or legal guardian; or
	       (3)  	 A written request signed and dated by a Medicaid member’s parent or legal guardian.
	      b.    	 When a payment slot is available, the local office shall enter the application into ISIS to begin the waiver approval process.
	       (1)  	 The department shall hold the payment slot for the consumer as long as reasonable efforts are being made to arrange services and the consumer has not been determined to be ineligible for the program.
	       (2)  	 If services have not been initiated and reasonable efforts are no longer being made to arrange services, the slot shall revert for use by the next consumer on the waiting list, if applicable. The consumer must reapply for a new slot.
	      c.    	 If no payment slot is available, the department shall enter the names of persons on a waiting list according to the following:
	       (1)  	 The names of applicants not currently eligible for Medicaid shall be entered on the waiting list on the basis of the date a completed Form 470-2927 or 470-2927(S), Health Services Application, is received by the department;
	       (2)  	 The names of Medicaid members shall be added to the waiting list on the date as specified in paragraph 83.123(1)“a.”
	       (3)  	 In the event that more than one application is received at one time, the names of consumers shall be entered on the waiting list on the basis of the month of birth, January being month one and the lowest number.
	      d.    	 Consumers whose names are on the waiting list shall be contacted to reapply as slots become available, based on the order of the waiting list, so that the number of approved consumers on the program is maintained.
	       (1)  	 Once a payment slot is assigned, the department shall give written notice to the consumer within five working days.
	       (2)  	 The department shall hold the payment slot for 30 days for the consumer to file a new application.
	       (3)  	 If an application has not been filed within 30 days, the slot shall revert for use by the next consumer on the waiting list, if applicable. The consumer originally assigned the slot must reapply for a new slot.
	   83.123(2) Approval of waiver eligibility.
	      a.    	  Time limit. Applications for the HCBS children’s mental health waiver program shall be processed within 30 days unless one or more of the following conditions exist:
	       (1)  	 An application has been filed and is pending for federal Supplemental Security Income (SSI) benefits.
	       (2)  	 The application is pending because the department has not received information for a reason that is beyond the control of the consumer or the department.
	       (3)  	 The application is pending because the assessment or the service plan has not been completed. When a determination is not completed 90 days after the date of application due to the lack of a service plan, the application shall be denied.
	      b.    	  Notice of decisions. The department shall mail or give decisions to the applicant on the dates when eligibility and level-of-care determinations and the consumer’s service plan are completed.
	   83.123(3) Effective date of eligibility. The effective date of a consumer’s eligibility for children’s mental health waiver services shall be the first date that all of the following conditions exist:
	      a.    	 All eligibility requirements are met;
	      b.    	 Eligibility and level-of-care determinations have been made; and
	      c.    	 The service plan has been completed.
[ARC 0306C, IAB 9/5/12, effective 11/1/12]