30.01.2013 Views

Aging and Disability Services Council Sharon Swift Butterworth ...

Aging and Disability Services Council Sharon Swift Butterworth ...

Aging and Disability Services Council Sharon Swift Butterworth ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(relating to Renewal <strong>and</strong> Revision of an IPC).<br />

§45.216. DADS Review of an Enrollment IPC.<br />

(a) DADS reviews a proposed enrollment IPC, habilitation plan, [begin deletion] <strong>and</strong> [end<br />

deletion] IPPs [begin addition], <strong>and</strong> if the individual or LAR requests a service described in<br />

§45.218(b) of this division (relating to Service Limits) in an amount that exceeds the service<br />

limit for that service, a completed Request for an Exception to Service Limit form [end addition]<br />

submitted by a CMA in accordance with §45.214 [begin addition] (d) [end addition] of this<br />

division (relating to Development of Enrollment IPC) to determine if:<br />

(1) the IPC meets the eligibility criterion described in §45.201(a)(5) of this subchapter<br />

(relating to Eligibility Criteria) <strong>and</strong> the requirements in §45.214(a)(1)(B) of this division; [<strong>and</strong>]<br />

(2) the CLASS Program services specified in the IPC meet the requirements described in<br />

§45.214(b) of this division [begin addition]; <strong>and</strong> [end addition] [.]<br />

[begin addition] (3) for a completed Request for an Exception to Service Limit form,<br />

whether providing the service in excess of the service limit is necessary to meet the criteria<br />

described in §45.214(b) of this division. [end addition]<br />

(b) At DADS request, the CMA must submit additional documentation supporting the<br />

proposed enrollment IPC to DADS within 10 calendar days after DADS request.<br />

[begin deletion] (c) If DADS determines that the proposed enrollment IPC does not meet the<br />

eligibility criterion described in §45.201(a)(5) of this subchapter, DADS notifies the individual's<br />

CMA <strong>and</strong> DSA of such determination <strong>and</strong> sends written notice to the individual or LAR that the<br />

individual's request for enrollment is denied <strong>and</strong> includes in the notice the individual's right to<br />

request a fair hearing in accordance with §45.301 of this chapter (relating to Individual's Right to<br />

a Fair Hearing). [end deletion]<br />

[begin addition] (c) [end addition] [begin deletion] (d) [end deletion] If DADS determines that<br />

the proposed enrollment IPC meets the eligibility criterion described in §45.201(a)(5) of this<br />

subchapter <strong>and</strong> the requirements in §45.214(a)(1)(B) of this division <strong>and</strong> the CLASS Program<br />

services specified in the IPC meet the requirements described in §45.214(b) of this division,<br />

[begin addition] Subchapter F of this chapter (relating to Adaptive Aids <strong>and</strong> Minor Home<br />

Modifications), <strong>and</strong> §45.218 of this division [end addition] DADS notifies the individual's CMA,<br />

in writing, that the IPC is authorized <strong>and</strong> the individual's request for enrollment is approved.<br />

[begin addition] (d) If DADS determines that the proposed enrollment IPC does not meet the<br />

eligibility criterion described in §45.201(a)(5) of this subchapter, DADS notifies the individual's<br />

CMA <strong>and</strong> DSA of such determination <strong>and</strong> sends written notice to the individual or LAR that the<br />

individual's request for enrollment is denied <strong>and</strong> includes in the notice the individual's right to<br />

request a fair hearing in accordance with §45.301 of this chapter (relating to Individual's Right to<br />

a Fair Hearing).<br />

- 34 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!