37.34.917 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: TERMINATION OF PLACEMENT
(1) The department may terminate a person's placement in the 0208 Medicaid Home and Community-Based Services Waiver Program if the person does not meet the requirements for the program, in accordance with this subchapter.
(2) The department may terminate a person's placement if:
(a) the program services or funding necessary to implement the person's service plan are unavailable from the program;
(b) the professional and other services necessary to implement the person's service plan are unavailable;
(c) the person does not cooperate in the eligibility determination process;
(d) the person does not participate in the planning for service delivery;
(e) the program services are no longer appropriate or cost efficient in relation to the person's needs and there are no alternative program services available by which a service plan can be implemented to provide for the person's needs;
(f) the person poses imminent risk to the health and safety of the person or another person by not participating in the program services available to that person;
(g) behaviors of the person precluded the delivery of program services as provided for in the person's service plan;
(h) behaviors of the person necessitate that the person must be served in a setting that is not available through the program or in which the services of the program may not be delivered; or
(i) health status of the person necessitates that the person must be served in a setting that is not available through the program or in which the services of the program may not be delivered.
History: 53-6-113, 53-6-402, MCA; IMP, 53-6-101, 53-6-402, MCA; NEW, 1992 MAR p. 1490, Eff. 7/17/92; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2014 MAR p. 220, Eff. 1/31/14.