§ 67.09 Medicaid home and community based services eligibility for\n dependents of certain military service members.\n (a) A dependent of a member of the armed forces of the United States\nor the organized militia of the state, who is a legal resident of this\nstate, having previously been determined to be eligible for\ndevelopmental disability services provided by the office for people with\ndevelopmental disabilities (OPWDD), including waiver services provided\nunder the home and community based services programs authorized under\nSection 1915(c) of the Social Security Act, shall retain eligibility for\nthose developmental disability services as long as he or she remains a\nlegal resident of the state, regardless of having left the state due to\nthe service member's military assignment outside the state, and as long\nas he or she is otherwise eligible for such services.\n (b) For dependents who received developmental disability services and\nwho left the state due to the military service member's military\nassignment outside the state, upon the dependent's return to the state\nand when a request for services is made OPWDD shall:\n (1) determine the dependent's eligibility for services, which may\ninclude a request for waiver services provided under the home and\ncommunity based services programs authorized under Section 1915(c) of\nthe Social Security Act;\n (2) provide to the dependent notification of the determination of\neligibility for services, which includes notification of a denial of\nservices if applicable;\n (3) provide the dependent an opportunity to contest OPWDD's\ndetermination through the appeals process established by OPWDD; and\n (4) resume services if the individual remains eligible.\n (c) As a condition of continued eligibility for services under\nsubdivision (a) of this section, a depended must inform OPWDD of their\ncurrent address and provide updates as requested by OPWDD.\n (d) No payment pursuant to this section shall be made for home and\ncommunity based services provided outside the State of New York.\n (e) For purposes of this section, "dependent" shall be defined\nconsistent with the federal tax code.\n
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