1900.1 The purpose of this chapter is to establish criteria governing Medicaid eligibility for services under the Home and Community-based Services Waiver for Persons with Mental Retardation and Developmental Disabilities (Waiver) and to establish conditions of participation for providers of Waiver services.

1900.2 The Waiver is authorized pursuant to section 1915 (c) of the Social Security Act, approved by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services (CMS), and shall be effective through November 19, 2012, plus any extensions thereof.

1900.3 The Waiver shall be operated by the Department on Disability Services (DDS), Developmental Disabilities Administration (DDA), under the supervision of the Department of Health, Medical Assistance Administration (MAA).

1900.4 Enrollment of persons eligible to receive Waiver services shall not exceed the ceiling established by the approved Waiver application.

SOURCE: Final Rulemaking published at 51 DCR 10207 (November 5, 2004); as amended by Final Rulemaking published at 55 DCR 2882 (March 21, 2008).