(a) The Department may not deny an individual access to a home- and community-based services waiver due to a lack of funding for waiver services if: (1) (i) The individual is living in a nursing facility at the time of the application for waiver services; (ii) At least 30 consecutive days of the individual's nursing facility stay are eligible to be paid for by the Program; (iii) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver; and (iv) The home- and community-based services provided to the individual would qualify for federal matching funds; or (2) (i) The individual is living at home or in the community at the time of the application for waiver services; (ii) The individual received home- and community-based services through Community First Choice for at least 30 consecutive days; (iii) The individual will be or has been terminated from participation in the Program on becoming entitled to or enrolled in Medicare Part A or enrolled in Medicare Part B; (iv) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver within 6 months after the completion of the application; and (v) The home- and community-based services provided to the individual would qualify for federal matching funds. (b) Nothing in this section is intended to result in a reduction of federal funds available to the Department.
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