441—83.28 (249A) Adverse service actions.
	   83.28(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 elderly waiver services are not needed on a regular basis.
	      c.    	 Service needs exceed the aggregate monthly costs established in 83.22(2)“b,” or are not met by services provided.
	      d.    	 Needed services are not available or received from qualifying providers.
	      e.    	 Rescinded IAB 3/2/94, effective 3/1/94.
	   83.28(2) Termination. A particular service 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 elderly waiver services for the person exceed the aggregate monthly costs established in 83.22(2)“b.”
	      c.    	 The client receives care in a hospital or nursing facility for 30 days in any one stay for purposes other than respite care.
	      d.    	 The client receives elderly 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 case manager and the interdisciplinary team.
	      e.    	 Service providers are not available.
	   83.28(3) Reduction of services shall apply as in 441—subrule 130.5(3), paragraphs “a” and “b.”