1. (a) An adult medical day program shall be available to anyone:

   1. (1) Who is age 18 or older;
   2. (2) Who is a Medicaid recipient;
   3. (3) Who resides in an independent living situation;

   4. (4) Whose licensed practitioner has:

      1. a. Completed a physical examination on the individual within 60 days prior to the request for services; and

      2. b. Referred the individual for adult medical day services, because the individual:

         1. 1. Has been diagnosed as having an illness or disability; and
         2. 2. Requires adult medical day services; and
   5. (5) Requires adult medical day services for a minimum of 4 hours per day, on a regularly occurring basis.

2. (b) Adult medical day services shall not be available to anyone:

   1. (1) Who resides in a nursing facility or other licensed or certified facilities;
   2. (2) Who receives adult family care services pursuant to He-E 801.12;
   3. (3) Whose needs cannot met by the adult medical day program; or
   4. (4) Who is primarily seeking services to address a diagnosis of mental illness or developmental disability.

Source. #7865, eff 5-1-03; ss by #9914, INTERIM, eff 5-1-11, EXPIRES: 10-28-11; ss by #10010, eff 10-28-11, EXPIRED: 10-28-19 (from He-E 803.03)