1. (a) In order to be eligible for admission, the individual must be:

   1. (1) Eligible for developmental disabilities services;
   2. (2) In need of and able to benefit from active treatment; and
   3. (3) Unable to access appropriate and adequate developmental disabilities services in a less restrictive alternative.

2. (b)

   1. (1) Admissions and discharges shall be conducted in accordance with any delegations of authority by the Board of Developmental Disabilities Services.
   2. (2) Admissions shall conform to Arkansas Code §§ 20-48-404 – 20-48-407.
   3. (3) Discharges shall conform to Arkansas Code § 20-48-412.
   4. (4) Admissions, transfers, and discharges shall conform to 42 C.F.R. § 483.440.

3. (c)

   1. (1) Each individual must undergo an independent assessment and be determined Tier 3 level of need.
   2. (2) Each HDC may have additional specific criteria, age, activity, etc., regarding admission.

   3. (3) People less than eighteen (18) years of age may be determined appropriate for HDC admission if one (1) of the following issues is confirmed by the HDC interdisciplinary team based upon current evaluations after a determination of eligibility:

      1. (A) Existing maladaptive behaviors prevented the individual from successfully residing in a less restrictive setting without endangering the health and safety of the individual or others; or
      2. (B) The human development center’s treatment and therapies are medically necessary due to the individual’s physical disabilities.
4. (d) Regardless of age, the Division of Developmental Disabilities Services will consider for admission any individual who is eligible for ICF/IID level of care once a determination has been made that admission is in the best interest of the individual and their needs cannot at the current time be met in the community.
5. (e) Retention. In order to remain in residence at an HDC, the annual status review conducted by the interdisciplinary team must establish that the client remains eligible for admission.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "II. SUBSTANTIVE RULES:" "ICF/IID" means intermediate care facility for individuals with intellectual disabilities.