(a)

1. (1) A CES Waiver service certification ends if a provider permanently closes, whether voluntarily or involuntarily, and is effective the date of the permanent closure as determined by the Division of Developmental Disability Services.

2. (2) A provider that intends to permanently close, or does permanently close without warning, whether voluntarily or involuntarily, must immediately:

   1. (A) Provide the beneficiary or, if applicable, the beneficiary’s legal guardian, with written notice of the closure;
   2. (B) Assist each beneficiary and, if applicable, their legal guardian, in transferring services and copies of beneficiary records to any new service providers;
   3. (C) Assist each beneficiary and, if applicable, their legal guardian, in transitioning to new service providers; and
   4. (D) Arrange for the storage of beneficiary service records to satisfy the requirements in 20 CAR § 535-305.

(b)

1. (1) A provider that intends to voluntarily close temporarily due to natural disaster, pandemic, completion of needed repairs or renovations, or for similar circumstances may request to temporarily close while maintaining its CES Waiver service certification for up to one (1) year from the date of the request.
2. (2) A provider must comply with the requirements of subdivision (a)(2) of this section for notice, referrals, assistance, and storage of beneficiary records if the division grants a provider’s request for a temporary closure.

3. (3)

   1. (A) The division may grant a temporary closure if a provider demonstrates that it is reasonably likely it will be able to reopen after the temporary closure.
   2. (B) The division shall end a provider’s temporary closure and direct the provider to permanently close if the provider fails to demonstrate that it is reasonably likely that the provider will be able to reopen after the temporary closure.

4. (4)

   1. (A) The division may end a provider’s temporary closure if the provider demonstrates that it is in full compliance with this part.
   2. (B) The division shall end a provider’s temporary closure and direct the provider to permanently close if the provider fails to become fully compliant with this part within one (1) year from the date of the request.