(a) In order to be approved for participation in the HCBS waiver, the person shall be approved by OPWDD and in accordance with the forms and format approved by the commissioner.
(b) The application for participation approval shall document that the person:
(1) has a diagnosis of developmental disability;
(2) is eligible for ICF/IID level of care (i.e., placement in an ICF/IID);
(3) is an enrolled Medicaid recipient or is eligible for enrollment;
(4) exercised freedom of choice between receipt of waiver services or placement in an ICF/IID; and
(5) will reside in an appropriate living arrangement (i.e., his/her own home or that of relatives, a supervised or supportive community residence, a certified individualized residential alternative [per section 686.16 of this Title], or in a certified family care home) at the time of enrollment. A person may not reside in an ICF/IID, or if he/she has resided in an ICF/IID (including a developmental center), be fully discharged from that setting prior to receipt of HCBS waiver services.