The costs for services to individuals who qualify for home and community-based care under the waiver program will not exceed, on an average per capita basis, the total expenditures that would be incurred for such individuals if home and community-based services were not available.

Author: Ginger Wettingfeld, Associate Director, LTC Project Development Unit

Statutory Authority: 42 CFR Section 441, Subpart G and the Home and Community-Based ACT Waiver.

History: Rule effective October 12, 1988. Amended: Filed July 6, 1995; effective August 12, 1995. Emergency Rule effective October 1, 1996. Amended: Filed December 9, 1996; effective January 14, 1996. Repealed: Filed January 9, 2004; effective February 13, 2004. New Rule: Filed February 10, 2012; effective March 16, 2012.