(1) Under the medicaid home and community services program, services may be provided to a person whom the department determines:

(a) has a developmental disability, as defined in 53-20-202 , MCA;

(b) is eligible for medicaid;

(c) requires the level of care provided in an intermediate care facility for the mentally retarded (ICF/MR) , as determined by an evaluation of the person's service needs by:

(i) the intensive services review committee, as provided in ARM 37.34.907; or

(ii) a qualified mental retardation professional, as defined in ARM 46.12.1310, employed by the department; and

(d) does not reside in a hospital or long term care facility as defined in 50-5-101 , MCA.

(i) A long term care facility provides skilled or intermediate nursing care, ICF/MR care and personal care.

(2) The level of care of an ICF/MR is needed when a person who is mentally retarded:

(a) has severe medical problems requiring substantial care, but not to the extent that habilitation is impossible;

(b) has extreme deficits in self-care and daily living skills which require intensive training;

(c) has significant maladaptive social and/or interpersonal behavior patterns which require an on-going, supervised program of intervention; or

(d) has specialized services needs, and exhibits physical or mental limitations or changes similar to those expected in an older person.

(3) A person who has been admitted to an ICF/MR and who is dismissed to enter services under the medicaid home and community services program for persons with developmental disabilities is considered to be of the level of care of an ICF/MR and need not be evaluated as provided in (1) .