New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities
Subpart 635-10 - Provision of Home and Community-Based Waiver Services
Section 635-10.3 - Eligibility

(1) has a diagnosis of developmental disability;

(2) is eligible for ICF/IID level of care (i.e., placement in an ICF/IID);

(3) is an enrolled Medicaid recipient or is eligible for enrollment;

(4) exercised freedom of choice between receipt of waiver services or placement in an ICF/IID;

(5) will reside in an appropriate living arrangement (i.e., their own home or that of relatives, a supervised or supportive community residence, a certified individualized residential alternative (per section 686.16 of this Title), or in a certified family care home) at the time of enrollment. A person may not reside in an ICF/IID, or if they have resided in an ICF/IID (including a developmental center), be fully discharged from that setting prior to receipt of HCBS waiver services; and

(6) has a demonstrated need for home and community based waiver services as determined by OPWDD.