A dependent of a member of the armed forces of the United States or the organized militia of the state, who is a legal resident of this state, having previously been determined to be eligible for developmental disability services provided by the federal Department of Health and Human Services, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the state, regardless of having left the state due to the servicemember's military assignment outside the state, and as long as he or she is otherwise eligible for such services. A dependent who resides out-of-state may be placed on the waiting list for developmental disabilities services if the dependent left the state due to the servicemember's military assignment outside the state.