(1) On July 1, 2011, funding will terminate for all persons 19 years of age or older who were receiving developmental disability community services as of February 28, 2011 and funded by a combination of the state general fund and the federal Title XX Social Services Block Grant.
(a) Persons subject to this loss of state general fund and federal Title XX Social Services Block Grant funding may continue to receive developmental disabilities services if they apply for and are determined by the department to meet the following:
(i) the financial and categorical eligibility for the Medicaid program; and
(ii) the eligibility criteria for one of the Medicaid funded programs of home and community developmental disabilities services and are accepted into that program.
(b) For persons who have as of July 1, 2011 applied for Medicaid eligibility, but for whom Medicaid eligibility has yet to be determined, their services may be continued with Title XX Social Services Block Grant funding during the pendency of this eligibility application.
(2) For persons, 19 years of age or older, who as of February 28, 2011 were in receipt of developmental disability community services funded by a combination of the state general fund and the federal Title XX Social Services Block Grant and who are ineligible for Medicaid funded services or who are ineligible for or not accepted into a Medicaid funded developmental disabilities home and community services program, the department may, in its discretion, on or after July 1, 2011, proceed to fund developmental disabilities community services for the person with federal Title XX Social Services Block Grant funding if such funding is available.
(3) The department may apply available federal Title XX Social Services Block Grant funding under this rule to establish the eligibility of a person for developmental disabilities community services by using the method set forth in the documents dated and effective June 9, 2011 entitled "Application for Federal Title XX Social Services Block Grant Funding" and "Directions for Federal Title XX Social Services Block Grant Funding". The department adopts and incorporates those documents by reference. The documents are available from the Developmental Disabilities program, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604, and at www.dphhs.mt.gov/dsd/ddp/forms.shtml.
(4) Persons, 19 years of age or older, for whom neither Medicaid funding nor federal Title XX Social Services Block Grant funding is available will no longer be eligible to receive services from the developmental disability services program.