(a) Reductions and terminations based upon the provider’s professional judgement.

1. (1) A provider shall reduce or terminate service to clients when, in the provider’s professional judgement, one of the following occurs:

   1. (i) The client no longer needs the service or level of service currently being provided.
   2. (ii) The client’s uncooperative behavior or misuse of the service warrants termination.
2. (2) Reductions and terminations based upon the provider’s professional judgement shall be justified, in writing, in the client file.

(b) Reductions and terminations made necessary by reason of insufficient resources.

1. (1) If, by reason of insufficient resources, it becomes necessary to reduce expenditures for a service, the county shall decide the degree or extent to which service will be reduced or terminated for clients who are currently receiving service.

2. (2) If, by reason of insufficient resources, a county decides to reduce or terminate service to clients currently receiving service, the county shall:

   1. (i) Ensure that service to applicants or clients in life threatening situations will continue to be available.
   2. (ii) Maintain services which the county considers to be of the highest priority at the maximum reasonable level.

   3. (iii) Require that, for adult day care, chore, home delivered meals, homemaker, and transportation services, a priority for maintaining services be given to clients:

      1. (A) Whose names are listed on valid medical services eligibility cards.
      2. (B) Whose family monthly gross incomes do not exceed 125% of the Federal Poverty Income Guidelines.
   4. (iv) Ensure that reductions or terminations from homemaker service are made subject to the priorities established within the categories of need for the service.
   5. (v) Ensure that reductions or terminations are made without discrimination to clients because of race, color, religious creed, handicap, ancestry, national origin, age, or sex.
   6. (vi) Instruct the provider, in writing, regarding the degree or extent to which the provider must reduce or terminate clients from a service.

3. (3) The county shall ensure that clients who have been terminated from service by reason of insufficient resources are:

   1. (i) Appropriately referred for service elsewhere, if possible.
   2. (ii) Placed on the county’s adult services waiting list for the service under § 2050.37 (relating to waiting lists for adult services not immediately available).
4. (4) Providers shall not, except upon written instruction from the county, reduce or terminate service to clients for reason of insufficient resources.