(a) be determined by OPWDD to have a developmental disability as defined in section 1.03(22) of the Mental Hygiene Law; and
(b) not be enrolled at a facility or program that includes provision of the services identified in section 635-13.1(c) of this Subpart as part of its service model and reimbursement rates (e.g., developmental center, special residential unit, specialty hospital, intermediate care facility for individuals with intellectual disabilities (ICF/IID), day treatment facility, skilled nursing facility, rehabilitation hospital, adult day healthcare facility, PACE center).