(a) This section applies to the Home- and Community-Based Alternatives Waiver (HCBA), the Assisted Living Waiver (ALW), and, to the extent that the dependent child or spouse of an active duty military service member is deemed eligible for the Medi-Cal program, the Home- and Community-Based Services for the Developmentally Disabled (HCBS-DD) 1915(c) waiver programs, pursuant to state law and Section 1915(c) of the federal Social Security Act (42 U.S.C. Sec. 1396n(c)). (b) (1) If a dependent child or spouse of an active duty military service member is currently included on the waiting list for a waiver program specified in subdivision (a) and transfers out of state with the military service member on official military orders, the dependent child or spouse shall retain their place on the waiting list for the applicable waiver program if the child or spouse subsequently reestablishes residence in this state. The dependent childâs or spouseâs place on the waiting list shall advance as the waiting list advances during the time they are out of the state. (A) In order for the place on the waiting list to be saved after the dependent child or spouse leaves the state, the dependent child or spouse shall notify the department or its designee that they are leaving the state due to the military service memberâs transfer orders and that they are requesting to remain on the waiver programâs waiting list. (B) While the dependent child or spouse resides out of state and is in the first place on the waiver programâs waiting list, and has not informed the department or its designee that the military service member has received official military orders to relocate back to the state, waiver applicants with places farther down the waiting list shall continue to be processed for intake into the waiver program without regard to the dependent childâs or spouseâs place on the waiting list. (C) If a dependent child or spouse who is on the waiver programâs waiting list informs the department or its designee that the military service member has received official military orders to return to the state and that the dependent child or spouse would like to enroll in the waiver program, the department or its designee shall take action on the dependent childâs or spouseâs waiver program application in accordance with their place on the waiver programâs waiting list. (2) If a dependent child or spouse of an active duty military service member enrolled in a waiver program specified in subdivision (a) transfers out of state with the military service member on official military orders, and then returns to the state with the military service member on official military orders, the dependent child or spouse shall be reenrolled in the applicable waiver program if there is an open slot in the waiver program, or shall be placed in the first place on the waiver programâs waiting list if there is no open slot in the waiver program, subject to the dependent child or spouse meeting all of the following conditions: (A) The dependent child or spouse reestablishes residence in this state. (B) The dependent child or spouse submits an application for enrollment in the waiver program and is found to be eligible for the applicable waiver program. (i) If no more than three years have passed since the dependent child or spouse left the waiver program, they may apply for reenrollment in the waiver program using an abbreviated waiver program enrollment form developed by the department. (ii) If more than three years have passed since the dependent child or spouse left the waiver program, they shall apply for reenrollment in the waiver program using the standard waiver program enrollment form for that waiver program. (iii) The dependent child or spouse shall follow the regular Medi-Cal eligibility and enrollment processes to obtain Medi-Cal enrollment. (c) An individual applying for a waiver program specified in subdivision (a) who is a dependent child or spouse
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