Determination of eligibility for participation in a waiver program

(a) To qualify for participation in a waiver program, individuals shall: (1) Be determined by the department of human services to be eligible for federally-funded medicaid assistance; (2) Be certified by the department of human services, through the preadmission screening process, to be in need of acute, skilled nursing facility, intermediate care facility, or intermediate care facility for individuals with intellectual disabilities level of care; and (3) Choose to remain in the community with the provision of home and community-based waiver program services as an alternative to institutionalization. (b) Individuals approved for a waiver program shall have the following: (1) Comprehensive assessment of their health, functional, social, and environmental needs; (2) Written service plan that addresses the necessary safeguards to protect the health and welfare of the individual, and reflects the individual's freedom of choice of providers and services; (3) Budget based on the services defined in the service plan; and (4) Periodic review of their health, functional, and financial status to ensure continued eligibility for waiver program services.