1. (a) The Department may not deny an individual access to a home- and community-based services waiver due to a lack of funding for waiver services if:

   1. (1)

      1. (i) The individual is living in a nursing facility at the time of the application for waiver services;
      2. (ii) At least 30 consecutive days of the individual's nursing facility stay are eligible to be paid for by the Program;
      3. (iii) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver; and
      4. (iv) The home- and community-based services provided to the individual would qualify for federal matching funds; or

   2. (2)

      1. (i) The individual is living at home or in the community at the time of the application for waiver services;
      2. (ii) The individual received home- and community-based services through Community First Choice for at least 30 consecutive days;
      3. (iii) The individual will be or has been terminated from participation in the Program on becoming entitled to or enrolled in Medicare Part A or enrolled in Medicare Part B;
      4. (iv) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver within 6 months after the completion of the application; and
      5. (v) The home- and community-based services provided to the individual would qualify for federal matching funds.
2. (b) Nothing in this section is intended to result in a reduction of federal funds available to the Department.

Added by Acts 2003, c. 303, § 1, eff. July 1, 2003. Amended by Acts 2010, c. 442, § 1, eff. Oct. 1, 2010; Acts 2019, c. 414, § 1, eff. July 1, 2019.