1. A. Admission to the ROW shall be denied if one of the following criteria is met:

   1. 1. the individual does not meet the requirements for an ICF/IID level of care;
   2. 2. the individual does not meet developmental disability system eligibility;
   3. 3. the individual is incarcerated or under the jurisdiction of penal authorities, courts, or state juvenile authorities;
   4. 4. the individual resides in another state;
   5. 5. the health and welfare of the individual cannot be assured through the provision of ROW services;
   6. 6. the individual fails to cooperate in the eligibility determination process or in the development of the plan of care (POC); or
   7. 7. The individual does not have justification, based on a uniform needs-based assessment and a person-centered planning discussion that the ROW is the OCDD waiver that will meet the needs of the individual.

2. B. Beneficiaries shall be discharged from the ROW if any of the following conditions are determined:

   1. 1. loss of Medicaid financial eligibility as determined by the Medicaid program;
   2. 2. loss of eligibility for an ICF/IID level of care;
   3. 3. loss of developmental disability system eligibility;
   4. 4. incarceration or placement under the jurisdiction of penal authorities, courts, or state juvenile authorities;
   5. 5. change of residence to another state;
   6. 6. admission to an ICF/IID or nursing facility with the intent to stay and not to return to waiver services;
   7. 7. the health and welfare of the beneficiary cannot be assured through the provision of ROW services in accordance with the beneficiary’s approved POC;
   8. 8. the beneficiary fails to cooperate in the eligibility renewal process or the implementation of the approved POC, or the responsibilities of the ROW beneficiary;

   9. 9. continuity of stay for consideration of Medicaid eligibility under the special income criteria is interrupted as a result of the beneficiary not receiving ROW services during a period of 30 consecutive days;

      1. a. continuity of stay is not considered to be interrupted if the beneficiary is admitted to a hospital, nursing facility, or ICF/IID;
      2. b. the beneficiary shall be discharged from the ROW if the treating physician documents that the institutional stay will exceed 90 days; or
   10. 10. continuity of services is interrupted as a result of the beneficiary not receiving ROW services during a period of 30 consecutive days.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office for Citizens with Developmental Disabilities, LR 33:2443 (November 2007), amended by the Department of Health and Hospitals, Bureau of Health Services Financing and the Office for Citizens with Developmental Disabilities, LR 41:2156 (October 2015), amended by the Department of Health, Bureau of Health Services Financing and the Office for Citizens with Developmental Disabilities, LR 45:1765 (December 2019), LR 47:1509 (October 2021), LR 48:1560 (June 2022), LR 50:1829 (December 2024).