1. (1)(a) The department shall inform an individual or guardian that the individual or guardian may express interest in receiving HCBS:

   1. (i) at any time; and

      1. (ii) in writing or by any other means responsive to the individual's method of communication and through which a reasonable person would believe that the individual is interested in living in the community.
   2. (b) The individual or guardian retains the right to amend the choice at any time.
   3. (c) The department designates an individual's expression of interest into the following categories:
   4. (a) interest in moving to HCBS;
   5. (b) interest in learning more about HCBS;
   6. (c) undecided;
   7. (d) no interest in learning more about or moving to HCBS.
2. (2) Based on an individual's expression of interest in receiving HCBS, the department shall review the capacity of the Community Transitions Waiver and make efforts to increase capacity to address the interest.

KEY: Medicaid

Date of Last Change: June 24, 2026

Notice of Continuation: September 14, 2021

Authorizing, and Implemented or Interpreted Law: 26B-3-108; 26B-6-402