1. (a) Home and community-based waiver services shall be provided and reimbursed as Medi-Cal covered benefits only:

   1. (1) For the duration of the applicable federally approved waiver;
   2. (2) To the extent the services are set forth in the applicable waiver approved by the Department of Health and Human Services; and
   3. (3) To the extent the Department can claim and be reimbursed federal funds for these services.
2. (b) In the event a home and community-based waiver service is the same as a service otherwise set forth in this article, commencing with Section 51301, and the scope and duration of the home and community-based waiver services are not specifically set forth in the waiver, then the scope and duration of benefits as set forth in this article shall apply.

Note: Authority cited: Section 14124.5, Welfare and Institutions Code; and Statutes of 1982, Chapter 1594, Section 87. Reference: Sections 14114 and 14132(s), Welfare and Institutions Code.

History

1. New section filed 2-25-83 as an emergency; effective upon filing (Register 83, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed 6-25-83.

2. Certificate of Compliance including editorial correction transmitted to OAL 6-22-83 and filed 7-27-83 (Register 83, No. 31).

3. Amendment of section heading, subsections (a) and (b) and Note filed 10-20-94; operative 10-20-94 (Register 94, No. 42).

4. Editorial correction of History 3 (Register 95, No. 14).