Current through Register Vol. 56, No. 18, September 16, 2024
(a) Satisfaction of
one or more of the following criteria is required for assignment to the
Priority Waiting List:
1. Both of the birth
or adoptive parents are 55 years or older. When both parents or adoptive
parents reach age 55, they shall be given the option to have the individual
placed on the Priority Waiting List at the time of the annual ISP. In this
instance, the date that the younger parent turns 55 shall be the date the
individual is added to the Priority Waiting List. In situations where both
parents are alive, but only one is the primary caregiver, it is only required
that the parent who acts as the primary caregiver reach age 55 to have the
option to have the individual placed on the Priority Waiting List at the time
of the annual ISP;
2. An individual
living with a caregiver, other than the birth or adoptive parents, who is
providing care voluntarily and without pay and the caregiver can no longer care
for the individual;
3. There is a
clear risk of abuse, neglect, or exploitation;
4. Either of the birth or adoptive parents is
under age 55 and has a chronic and long-term physical or psychiatric and/or
behavioral health condition or conditions, which significantly limits the birth
or adoptive parents' ability to care for the individual with a developmental
disability; or
5. Either of the
birth or adoptive parents is under age 55 and there is a risk to the health or
safety of the individual, parent, or other individual living in the home due to
any one of the following conditions:
i. The
individual's behavior or behaviors present a risk to self or others, which
cannot be effectively managed by the parents, even with generic or specialized
support arranged or provided by the Division;
ii. There are physical care needs, such as
lifting or bathing, or medical needs that cannot be managed by the parent, even
with generic or specialized supports arranged or provided by the
Division;
iii. There is a single
parent as the head of household who requires a minimum of 40 hours of
specialized or generic supports from the Division, each month, in order to keep
a full-time job; or
iv. There is a
single parent as the head of household who is the primary caregiver to more
than one person with a disability and those persons have significant direct
care needs (for example, feeding, bathing, toileting, etc.).
(b) Assignment to the
General Waiting List shall be made by the Division when requested by an
individual, legal guardian, parent, or caregiver, or if the individual does not
meet the criteria for assignment to the Priority Waiting List.
(c) The individual, legal guardian, parent,
or caregiver may request a reassessment of the waiting list assignment at any
time. Requests for changes in the waiting list category shall be made in
writing, or by alternate means used by the individual to communicate. If the
request is approved, the change shall be made effective as of the date of the
written request or request by alternate means.
1. The following types of requests for
changes to the individual's waiting list category shall be processed by the
Division waiting list coordinators and will not require a Waiver Review Team
meeting:
i. Requests for the Priority Waiting
List, under the following circumstances:
(1)
Both birth or adoptive parents are over the age of 55 or the birth or adoptive
parent, with whom the individual resides, is over the age of 55. In this
instance, the date that the younger parent or the parent with whom the
individual resides turns age 55 shall be the date the individual is added to
the Priority Waiting List. If the date the parent turns 55 predates eligibility
for functional Division services, the individual's effective date on the
Priority Waiting List shall be the date of Division eligibility; or
(2) An individual living with a person other
than the birth or adoptive parents, who is providing care voluntarily and
without pay, and the caregiver can no longer provide care for the individual.
The effective date of the addition to the Priority Waiting List will be the
date of the written request, or request by alternate means used by the
individual to communicate; and
ii. Requests to be added to the General
Waiting List.
(d) All requests to be added to the Priority
Waiting List, under (a) above or to change from the General Waiting List to the
Priority Waiting List, other than those in (c)1 above will be processed through
the WRT. The WRT shall be responsible to review the information in order to
determine if the criteria for assignment to the Priority Waiting List are met.
The WRT shall meet no less than monthly and shall have at least three members
present to conduct business.
(e)
Case management or the support coordinator, as applicable, shall provide all
relevant information to the WRT. The WRT may request additional information and
may request that a case manager or support coordinator visit the
home.
(f) Case management or the
support coordinator, as applicable, will inform the individual, legal guardian,
parent, or caregiver that he or she has the option to attend the initial WRT
meeting.
1. If the WRT agrees that the
request meets all criteria as stated in (a) above, the effective date of the
addition to the Priority Waiting List will be the date of the written request,
or request by alternate means used by the individual to communicate.
2. If the WRT feels further information is
needed to determine if an individual may be added to the Priority Waiting List,
case management or the support coordinator, as applicable, will obtain this
information from the person making the request to add an individual to the
Priority Waiting List in writing, or by alternate means used by the individual
to communicate. Once received, the new information will be presented to the
WRT. If, after the second review, the WRT agrees that the request meets all
criteria as stated in (a) above, the effective date of the addition to the
Priority Waiting List will be the date of the original written request, or
request by alternate means used by the individual to communicate.
(g) If the WRT determines that,
based on the information provided, the request does not meet the criteria in
(a) above, the requestor will be invited to the next available WRT to present
their case. A decision on the request will be deferred pending the final
presentation to the WRT.
(h) No
Priority Waiting List request shall be denied without the individual, legal
guardian, parent, or caregiver being invited to present their views to the WRT.
If the individual or legal guardian chooses not to attend the WRT meeting, the
WRT may make a final determination based on the available
information.
(i) At the next
available WRT, the individual, legal guardian, parent, caregiver, case manager
or support coordinator, and invited family may make a presentation, verbal or
written, regarding the individual's particular situation. The case manager or
support coordinator shall document and present prior actions implemented to
stabilize the individual in the individual's current situation. The individual,
legal guardian, parent, or caregiver shall leave the meeting once they have
presented their views. The WRT shall provide participants at the meeting
alternate means of communication, as necessary.
(j) Following the WRT meeting, the WRT
coordinator will inform the individual or legal guardian of whether the request
meets the criteria stated in (a) above.
1. If
the request is denied, the individual, legal guardian, parent, or caregiver
will be notified, by letter describing the specific reasons for denial, within
30 days. If the individual, legal guardian, parent, or caregiver chose not to
attend the WRT meeting, it shall be documented in the notification letter and
the individual will remain on the General Waiting List with their original
date. Individuals who are not on the General Waiting List will be added to the
General Waiting List, effective the date of the written request, or request by
alternate means used by the individual to communicate.
2. If the request meets the criteria in (a)
above, the effective date of the addition to the Priority Waiting List will be
the date of the original written request, or request by alternate means used by
the individual to communicate.
