1. (1) The department may terminate a person's placement in the 0208 Medicaid Home and Community-Based Services Waiver Program if the person does not meet the requirements for the program, in accordance with this subchapter.

2. (2) The department may terminate a person's placement if:

   1. (a) the program services or funding necessary to implement the person's service plan are unavailable from the program;
   2. (b) the professional and other services necessary to implement the person's service plan are unavailable;
   3. (c) the person does not cooperate in the eligibility determination process;
   4. (d) the person does not participate in the planning for service delivery;
   5. (e) the program services are no longer appropriate or cost efficient in relation to the person's needs and there are no alternative program services available by which a service plan can be implemented to provide for the person's needs;
   6. (f) the person poses imminent risk to the health and safety of the person or another person by not participating in the program services available to that person;
   7. (g) behaviors of the person precluded the delivery of program services as provided for in the person's service plan;
   8. (h) behaviors of the person necessitate that the person must be served in a setting that is not available through the program or in which the services of the program may not be delivered; or
   9. (i) health status of the person necessitates that the person must be served in a setting that is not available through the program or in which the services of the program may not be delivered.

Authorizing statute(s): 53-6-113, 53-6-402, MCA

Implementing statute(s): 53-6-101, 53-6-402, MCA

History: NEW, 1992 MAR p. 1490, Eff. 7/17/92; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2014 MAR p. 220, Eff. 1/31/14.