Sec. 5. (a) The office of the secretary shall establish: (1) eligibility criteria for an individual to receive; and (2) certification criteria for a provider of; services under a home and community based services waiver. (b) The eligibility criteria established under subsection (a) may vary based on the targeted need of each home and community based services waiver. (c) An individual who is determined by the office of the secretary to be ineligible for services under a home and community based services waiver may appeal the determination under IC 4-21.5 .
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