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Aging and Disability Services Council Sharon Swift Butterworth ...

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(e) [begin addition] DADS denies a CLASS Program service <strong>and</strong> modifies an IPC in<br />

accordance with this subsection.<br />

(1) DADS denies a CLASS Program service if DADS determines that the proposed<br />

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

(A) one or more of the CLASS Program services specified in the IPC:<br />

(i) does not meet the requirements described in §45.214(b) of this division;<br />

(ii) does not meet the requirements described in Subchapter F of this chapter (relating to<br />

Adaptive Aids <strong>and</strong> Minor Home Modifications); or<br />

(iii) if the service is transition assistance services, exceeds the service limit described in<br />

§45.218(c) of this division; or<br />

(B) DADS denies a request for an exception to the service limit of a service described in<br />

§45.218(b) of this division.<br />

(2) If DADS denies a service as described in paragraph (1) of this subsection, DADS:<br />

(A) modifies <strong>and</strong> authorizes the IPC;<br />

(B) approves the individual's request for enrollment with the modified IPC; <strong>and</strong><br />

(C) notifies the individual's CMA, in writing, of the action taken. [end addition] [begin<br />

deletion] If DADS determines that the proposed enrollment IPC meets the eligibility criterion<br />

described in §45.201(a)(5) of this subchapter but that one or more of the CLASS Program<br />

services specified in the IPC do not meet the requirements described in §45.214(b) of this<br />

division or the requirements described in Subchapter F of this chapter (relating to Adaptive Aids<br />

<strong>and</strong> Minor Home Modifications), DADS:]<br />

[(1) denies the service(s);]<br />

[(2) modifies <strong>and</strong> authorizes the IPC;]<br />

[(3) approves the individual's request for enrollment with the modified IPC; <strong>and</strong>]<br />

[(4) notifies the individual's CMA, in writing, of the action taken. [end deletion]<br />

(f) If DADS notifies the CMA of the denial of the CLASS Program service <strong>and</strong> of the<br />

enrollment IPC modified in accordance with subsection (e) of this section, the CMA must:<br />

(1) implement the modified enrollment IPC; <strong>and</strong><br />

(2) send the individual or LAR written notice of the denial of the CLASS Program service<br />

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